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Varda v. Acuity6/1/2005
es something different and must govern. See, e.g., Kremers-Urban Co. v. American Employers Ins. Co., 119 Wis. 2d 722, 736, 351 N.W.2d 156 (1984).
Riding Lawn Mowers and Motorized Land Conveyances
On cross-appeal, Varda argues the trial court erred when it determined that the Quellas' Acuity policy provided no coverage for her injuries because Acuity exclusion for motor vehicles and motorized land conveyances unambiguously applied to the riding mower in this case. She claims the phrase "motorized land conveyance" is ambiguous and should therefore be construed as a reasonable person would expect it to be construed. Varda concludes that, in the absence of any definition within the policy, an ordinary person in her position would not expect to have to buy separate lawn mower insurance to protect her family. She argues alternatively that a riding mower is not a conveyance and that the exclusion therefore does not apply. We are not persuaded.
In determining whether that exclusion applies to a riding lawn mower, we begin, as did the trial court, with the common or ordinary meaning of the policy's words. A "motor vehicle" is defined as "an automotive vehicle not operated on rails; esp one with rubber tires for use on highways." WEBSTER'S THIRD NEW INT'L DICTIONARY1476 (unabr. 1991). To "motorize" means to equip with a "motor," which is defined in turn as "a source of mechanical power ... gasoline engine ... rotating machine that transforms electrical energy into mechanical energy ...." Id. at 1475-76. A "conveyance" is a "means of carrying or transporting something." Id. at 499.
A riding lawn mower is not, in the ordinary meaning of the words, an automotive vehicle nor is it designed for use on highways or public roads. Thus, the question here is whether a riding mower is a motorized land conveyance. When we compare the definitions of motor vehicle and motorized land conveyances, it is clear the two terms are related but not identical. Motor vehicles are a subset of a larger class of things with motors that perform the functions of carrying and transporting on land. Because the riding lawn mower in this case had a motor, moved on land, and carried or transported its rider, it fits into the larger category of motorized land conveyances.
However, Varda contends that a riding mower does not fit the definition in an important way. While a riding mower can carry a person, she points out, its primary purpose is not for transportation but for servicing a yard. She cites our opinion in Mooren as authority for the proposition that where the policy language gives rise to two logical arguments about the meaning of terms, ambiguity must exist. Mooren v. Economy Fire & Cas. Co., 230 Wis. 2d 624, 629, 601 N.W.2d 853 (Ct. App. 1999). We are not persuaded.
In Mooren, we considered whether the term "recreational land motor vehicle" was ambiguous in the context of snowmobiles. We concluded it was because we determined that the policy language could be read either as limiting the class of vehicles to those with tires or as including vehicles, such as snowmobiles, which operated on crawler treads. Id. at 631-32. The meaning thus depended on whether motor vehicle was treated as a compound word or as two words with separate definitions. We see no similar linguistic ambiguity in the phrase motorized land conveyances. A riding mower works on land, has a motor, and carries or transports its operator. The fact that it performs more than a single function does not mean it ceases to be a "conveyance." Indeed, as most users would agree, a significant purpose of a riding mower is to convey the person mowing the lawn.
While no Wisconsin case law
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