(dissenting). I respectfully dissent. In this case the majority has chosen to construe the ambiguous contract term in favor of the party, the insurance company, which was solely responsible for selecting it. The majority engages in this construction despite the fact that the company chose not to define its term. While conceding that other equipment, such as a motorized wheelchair, is "durable medical equipment,” the majority finds that a lift-equipped, hand-controlled, modified van is not. I cannot agree.
*638I believe that the van in this case has a medical purpose. It is similar to that of a motorized wheelchair. Both are intended for "independence, convenience and transportation.” However, both also serve a medical purpose.
Also, it does not follow that, as the majority conjectures, the cost of a modified home would have to be construed as "durable medical equipment,” merely because a van is. The van, or at least the modifications made to it to accommodate plaintiffs medical condition, is surely equipment, whereas modifications to a home may not be. Had defendant wished to restrict the medical equipment it would cover under "durable medical equipment,” it was incumbent on it to do so in its policy. This Court should not condone arbitrary distinctions made or communicated to the insured only after a claim has been filed.