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TOULELLE v. ALLSTATE INSURANCE COMPANY

No. 43925.

207 N.W.2d 736 (1973)

Richard TAULELLE et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant, Gerald Arnebeck, Respondent, Balboa Insurance Company, Respondent.

Supreme Court of Minnesota.

May 25, 1973.

Attorney(s) appearing for the Case

Spellacy & Lano, Grand Rapids, for appellant.

Clarence H. Kleffman, Hibbing, for Taulelle and others.

Abate Wivoda & Ketola, Hibbing, for Arnebeck.

Applequist, Nolan, Donovan, Larson, Barnes & Mathias, Duluth, for Balboa Ins. Co.

Considered by KNUTSON, C. J., and ROGOSHESKE, PETERSON, and GILLESPIE, JJ.

ROBERT B. GILLESPIE, Justice.*

Defendant Allstate Insurance Company appeals from a declaratory judgment entered in favor of plaintiffs. The only legal issue involved in this appeal is: Does the term automobile, as used in the provisions relating to uninsured-motorist coverage in the Allstate policy, include a motorcycle?

On April 19, 1967, plaintiff Richard Taulelle was riding as a passenger on a motorcycle, owned and operated...

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