ATV accident covered by Homeowner's Policy
A United States District Court for the Middle District of Pennsylvania has held that the policy language which excludes motor vehicles from coverage of a homeowner's policy does not apply to exclude an accident involving an all-terrain vehicle. Therefore, the insurance company which issued the homeowner's policy is required to provide liability coverage for the owner of the ATV.
There have been decisions from Pennsylvania state courts in the past which found that the homeowner's policy exclusion of motor vehicles did apply to the operation of an ATV. The federal court reasoned otherwise.
Two boys were riding an ATV in 2004 --- "C.L.A." and "J.V." J.V. was a passenger, riding behind C.L.A. The ATV was owned by John Angerson, father of C.L.A. They were riding on land adjacent to the property owned by Mr. Angerson. Judge John E. Jones, III, found that the registration of an ATV required under Pennsylvania's Snowmobile and All-Terrain Vehicle Law was different from the registration of "motor vehicles" that is required under the Motor Vehicle Code. Therefore, he concluded, an ATV is not a "motor vehicle" and is not excluded from coverage.
Another issue addressed was whether the place where the accident occurred was an insured location, which under the policy would include premises used by the insured in connection with the covered residence and its grounds. The area where the accident occurred was adjacent to the Angerson land and was regularly used by the Angersons for riding. Therefore, Judge Jones found it to be an insured location.
