Coverage for Damage to Insured Vehicle by Impact with Human?

I am trying to find clarification on whether or not damage caused by impact with a human to an insured vehicle is a comprehensive or collision claim under personal auto coverage.

Animal damage is considered a comp claim and I have an agent arguing that humans are animals. Most companies I have worked for in the past have considered this a collision claim but now I am questioning if that is correct. It seems like this should be considered a comp claim by definition. I appreciate any input on this topic.

Indiana Subscriber

Although from a purely biological perspective humans may indeed fall into the category of animals, the term “animal” in the context of automobile property insurance, at least, has been construed to exclude humans. In McKay v. State Farm Mut. Auto. Ins. Co., 933 F. Supp. 635 (S.D. Tex. 1995), the court, applying Texas law, found the definition of the term “animal” excluded human beings for purposes of comprehensive coverage on an automobile for damage resulting from contact with a bird or animal. 

The court explained that, according to Black's Law Dictionary the legal definition of animal excludes human beings. See, e.g., Black's Law Dictionary at 80 (5th ed. West 1979) (defining “animal” as “Non-human, animate being which is endowed with the power of voluntary motion. Animal life other than man.”).

The only other legal authority on this issue—Bernardine v. City of New York , 44 N.Y.S.2d 881 (N.Y. Sup. Ct. 1943)—also supports the stance that a human is not an animal.

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