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Crespo v. Topi12/29/2003
Crystal Crespo ("Crespo") appeals from an order of the Circuit Court for Baltimore County, dismissing one count of her complaint for failure to state a claim. On appeal, Crespo asks one question that we have reworded:
Did the circuit err as a matter of law in determining that a moped is not a motor vehicle under Md. Code (1995, 2002 Repl. Vol.), § 19-509 of the Insurance Article ("Ins.")?
Answering "no," we affirm the judgment of the circuit court.
FACTUAL AND PROCEDURAL BACKGROUND
Crespo was a passenger on a moped operated by Robert Topi ("Topi"). According to the complaint, Topi "ran a stop sign and entered the intersection into the path" of a motor vehicle operated by Paul Joseph Chaney, "causing Chaney's vehicle to strike the moped." Crespo suffered physical injuries when she was thrown from the moped.
In January 2002, Crespo filed a two count complaint, naming as defendants, Topi and Allstate Insurance Company ("Allstate"). In the first count, she sought damages for injuries sustained as a result of Topi's negligence. In the count at issue ("Count II"), Crespo sought damages from Allstate for breach of contract, averring:
15. [Crespo] ... states that at the time of the said collision, Defendant Topi did not have in effect any policy of vehicular insurance that would provide liability coverage for the vehicle operated by Defendant Topi.
16. At all times relevant hereto, [Crespo's] mother, Pat Vanover, maintained a policy of automobile liability insurance covering her motor vehicle(s), which insurance policy was purchased from the Defendant, Allstate.... This policy of insurance included the statutorily mandated coverage insuring [Crespo] against damages to [Crespo's] person and property caused by the acts or omissions of an uninsured motorist.
17. Crespo duly made a claim against the applicable provisions of the policy of insurance provided by the Defendant, Allstate ..., for the personal injuries sustained by her that were proximately caused by the negligence of the uninsured Defendant, Topi. [Crespo's] claim notwithstanding, coverage was wrongfully denied her by the Defendant, Allstate.... Said denial constituted a breach of its obligations to [Crespo] under the policy of insurance.
Allstate moved to dismiss Count II, arguing that Crespo was not entitled to uninsured motorist coverage because a moped is not a "motor vehicle" under Ins. § 19-509. Allstate relied upon Md. Code (1977, 2002 Repl. Vol.), § 11-134.1 of the Transportation Article ("Transportation"), which defines a moped, in pertinent part, as a "bicycle that: (1) Is designed to be operated by human power with the assistance of a motor." (Emphasis supplied.) Because Ins. § 19-501(b)(1) defines a motor vehicle as a "vehicle ... that is operated or designed for operation ... by any power other than ... muscular power," Allstate contended that a moped is not a motor vehicle. Following a hearing, the circuit court dismissed Count II for failure to state a claim.
In July 2002, Crespo filed an amended complaint, adding Wardell Jones, Jr. ("Jones") as a defendant. Crespo alleged that Jones, the owner of the moped, had negligently entrusted it to Topi. After entering orders of default against Topi and Jones, the circuit court conducted an inquisition hearing and entered judgments against Topi and Jones, jointly and severally, in the amount of $15,638.78. This timely appeal followed.
DISCUSSION
In Maryland, every motor vehicle liability insurance policy must provide uninsured motorist coverage for the "protection of the motoring public." Langston v. Allstate Ins. Co., 40 Md. App. 414, 436, 39
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