ATV Accident Clearly Excluded
Read the full article at https://lnkd.in/gaPiRPG6 and at https://zalma.com/blog plus more than 4150 posts.
Posted on April 21, 2022 by Barry Zalma
The Supreme Court was asked to determine if an all-terrain vehicle (“ATV”) is covered under a homeowner’s insurance policy as a “farm type vehicle.” The circuit court found the insurance contract language ambiguous and ruled in favor of coverage. In Erie Insurance Exchange v. Diamond Danelle Jones, An Infant, By Her Mother And Next Friend, Tracy Hardison, No. 210443, Supreme Court Of Virginia (April 14, 2022) interpreted the policy as written.
BACKGROUND
Diamond Jones was riding as a passenger on the back of an ATV. The daughter of Jennifer and Richard Rekowski (the “Rekowskis”) was driving the vehicle. While Jones was riding, a tree branch struck and injured her. The accident did not take place on the Rekowskis’ property.
The Rekowskis were insured by a homeowner’s policy issued by Erie Insurance Exchange (“Erie”). The exclusions section of the policy broadly provided that the policy does not cover “[b]odily injury, property damage or personal injury arising out of the ownership, maintenance or use of . . . any land motor vehicle.” Vehicles, however, are not excluded if “they are a recreational land motor vehicle not designed for use on public roads while at an insured location; or they are a lawn or farm type vehicle or snowblower, wherever used or located, if not subject to motor vehicle registration…”
The policy does not define “lawn or farm type vehicle.” If the vehicle in question is a “recreational land motor vehicle,” the policy would not cover the accident because it did not occur “at an insured location.” If the vehicle is a “lawn or farm type vehicle,” then the policy would cover the accident.
THE LAWSUIT
Jones sued for her injuries against the Rekowskis and their daughter. In its answer, Erie contended that the policy did not cover the accident. Jones then filed this action for declaratory relief against Erie, the Rekowskis, and their daughter, jointly and severally, seeking a judgment that Erie is obligated to pay the insurance claim. The Rekowskis never filed an answer. The guardian ad litem for the Rekowskis’ daughter filed an answer and endorsed the final order.
Testimony in the depositions presented in support of the motions for summary judgment established that the ATV in question was a 2016 Honda TRX250TE. It has a 250 cubic centimeter engine. Bill Uhl, an expert for the plaintiff “in the field of all-terrain vehicle uses,” explained that the vehicle in question is a “utility model designed for whatever kind of use that the owner has in mind.” He said that it is possible to purchase a towing hitch for the vehicle and that the user can attach various implements such as push blades, rototillers, or seeder spreaders. He also testified to other uses such a vehicle might have on a farm.
The Rekowskis have never used this vehicle as a lawn or farm vehicle or owned any attachments for it. Jennifer Rekowski described it as an “itty-bitty small four-wheeler. It’s the smallest four-wheeler they make.” She said the machine “barely pulls my daughter.” She was not aware of a place to attach implements to it. Richard Rekowski also did not believe any farm equipment could be attached to the ATV because of its limited power.
The circuit court concluded that the policy did cover the accident, reasoning that “lawn or farm type vehicle” was ambiguous language, and, therefore, it should be construed against the drafter.
ANALYSIS
Courts interpret insurance policies, like other contracts, by determining the parties’ intent from the words they have used in the document. When a disputed policy term is unambiguous, we apply its plain meaning as written. Where, however, “disputed policy language is ambiguous and can be understood to have more than one meaning, we construe the language in favor of coverage and against the insurer. A contract is not ambiguous merely because the parties disagree as to the meaning of the terms used.
The policy generally excludes motor vehicles from coverage, but an exception to that broad exclusion provides coverage for “a lawn or farm type vehicle or snowblower.” The evidence presented, including from the plaintiff’s expert, establishes that this ATV can potentially be used for either recreation or for use on a farm. It is a multi-use vehicle. A multi-use vehicle with potential for use on a farm is not a “farm type” vehicle unless it is used for farm operations. No evidence establishes that this ATV was designed for primary use as a farm vehicle like a combine or a tractor. To read “farm type vehicle” as encompassing any vehicle that could potentially be used on a farm would create an exception so broad it would render the limits on coverage meaningless since any vehicle like a SUV or even a motorcycle could be used for farm type operations.
Therefore, the Supreme Court concluded that as a matter of law the language “lawn or farm type vehicle or snowblower” does not encompass a multi-use vehicle like an ATV.
Concluding that the exception for a farm type vehicle does not apply, and the exclusion from coverage in the homeowner’s policy for “land motor vehicle[s]” does apply because the incident did not take place at an insured location. Therefore, the Supreme Court concluded that circuit court erred in denying Erie’s motion for summary judgment and reversed its decision and found for the insurer.
ZALMA OPINION
Many litigants and judges try valiantly to find an ambiguity in insurance policy language to obtain defense for an insured or indemnity for an injured party. However, simply because parties differ on the meaning of the language of a policy that does not make the terms ambiguous. The ATV in this case was a land motor vehicle, it was being operated off the insured’s premises, and it was never used for any farm, lawn or snowblower functions. The clear and unambiguous language of the policy deprived the owner of liability insurance coverage under a homeowners policy.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected].
Subscribe to Zalma on Insurance at locals.com https://zalmaoninsurance.local.com/subscribe.
Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.
Write to Mr. Zalma at [email protected]; http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/
Intentionally Shooting a Woman With A Rifle is Murder
Post 5196
See the full video at and at and at https://zalma.com/blog and more than 5150 posts.
You Plead Guilty You Must Accept the Sentence
In Commonwealth Of Pennsylvania v. Mark D. Redfield, No. 20 WDA 2025, No. J-S24010-25, Superior Court of Pennsylvania (September 19, 2025) the appellate court reviewed the case of Mark D. Redfield, who pleaded guilty to third-degree murder for killing April Dunkle with malice using a rifle.
Affirmation of Sentence:
The sentencing court’s judgment was affirmed, and jurisdiction was relinquished, concluding no abuse of discretion occurred.
Reasonable Inference on Trigger Pulling:
The sentencing court reasonably inferred from the guilty plea facts that the appellant pulled the trigger causing the victim’s death, an inference supported by the record and consistent with the plea.
Guilty Plea Facts:
The appellant admitted during the plea hearing...
The Judicial Proceedings Privilege
Post 5196
Posted on September 25, 2025 by Barry Zalma
See the full video at and at
Judicial Proceeding Privilege Limits Litigation
In David Camp, and Laura Beth Waller v. Professional Employee Services, d/b/a Insurance Branch, and Brendan Cassity, CIVIL No. 24-3568 (RJL), United States District Court, District of Columbia (September 22, 2025) a defamation lawsuit filed by David Camp and Laura Beth Waller against Insurance Branch and Brendon Cassity alleging libel based on statements made in a letter accusing them of mishandling funds and demanding refunds and investigations.
The court examined whether the judicial proceedings privilege applieD to bar the defamation claims.
Case background:
Plaintiffs Camp and Waller, executives of NOSSCR and its Foundation, sued defendants Insurance Branch and Cassity over a letter alleging financial misconduct and demanding refunds and audits. The letter ...
Misrepresentation or Concealment of a Material Fact Supports Rescission
Post 5195
Don’t Lie to Your Insurance Company
See the full video at and at https://rumble.com/v6zefq8-untrue-application-for-insurance-voids-policy.html and at https://zalma.com/blog plus more than 5150 posts.
In Imani Page v. Progressive Marathon Insurance Company, No. 370765, Court of Appeals of Michigan (September 22, 2025) because defendant successfully established fraud in the procurement, and requested rescission, the Court of Appeals concluded that the Defendant was entitled to rescind the policy and declare it void ab initio.
FACTS
Plaintiff's Application:
Plaintiff applied for an insurance policy with the defendant, indicating that the primary use of her SUV would be for "Pleasure/Personal" purposes.
Misrepresentation:
Plaintiff misrepresented that she would not use the SUV for food delivery, but records show she was compensated for delivering food.
Accident:
Plaintiff's SUV was involved in an accident on August ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.
The Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
How Elderly Doctors Fund their ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.
The Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
How Elderly Doctors Fund their ...
Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE
When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...