No Coverage

The Kentucky Supreme Court affirmed the denial of insurance coverage in rather unusual and unfortunate circumstances

The material facts are not disputed. While driving her motorcycle in Wayne County, Davis encountered a horse-drawn buggy operated by Danny Gingerich. Unfortunately, as Davis was approaching Gingerich, the horse became spooked and jumped into oncoming traffic. Consequently, Davis collided with the horse and was gravely injured.

At the time of Davis’s accident, her motorcycle was insured by Progressive. As members of the local Amish community neither Danny Gingerich, nor his father Abe, carried any form of insurance; either on their farm, or on the horse-drawn wagon. Progressive denied Davis’s claim under the uninsured motorist provision of her motorcycle coverage on grounds that a horse-drawn wagon was neither a “motor vehicle” nor a “trailer of any type” as defined by the policy language.

Davis brought suit in Wayne County, seeking to enforce the uninsured motorist provision in her policy. Progressive sought, and the Wayne County Circuit Court granted, Progressive’s motion for summary judgment, on the basis that Abe Gingerich’s horse-drawn wagon did not qualify as a “motor vehicle” or “trailer of any type” under the terms of the policy. The Court of Appeals affirmed, and we granted discretionary review to resolve the dispute.