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Alfa Insurance Corp. v. Ryals7/21/2005
Nat. Ins. Co., 883 So. 2d 1159, 1165 (Miss. 2004) (citations omitted). Another rule, applicable to the instant situation, is that "where the insurance policy does not provide the definition for a term or phrase, those words are afforded their ordinary and popular meaning." Id. (citing Blackledge v. Omega Ins. Co., 740 So. 2d 295, 298 (Miss. 1999)).
. While "use" was defined in Alfa's policy, "operation" was not defined. Since Alfa failed to define "operation," this Court must give the policy term its ordinary and popular meaning. See Noxubee County, 833 So. 2d at 1165. The evidence was that a truck was driven to the site, outriggers were deployed to stabilize the truck, and a bucket was operated by a control panel on the side of the truck. The evidence before this Court supports a finding that the Ryalses' injuries arose out of the operation of the MDOT truck. Hence, it was appropriate for the trial court to submit the issue of causation to a jury.
. I must dissent because the majority denies the Ryalses coverage based on the definition of the term "use" and ignores all of the facts which support coverage based on "operation" of the vehicle.
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