Insurance Coverage: Court grants insurer’s motion for summary judgment on the grounds that all-terrain vehicle operated by plaintiff was not covered under the terms of the policy and therefore plaintiff is not entitled to uninsured motorist benefits

Background of the ATV Collision Case

The plaintiff brought a four-count amended complaint against several defendants after his Yamaha All-Terrain Vehicle (ATV) was allegedly hit head-on by the defendant’s motor vehicle. Specifically, the plaintiff brought one count against New South Insurance Company for uninsured motorist benefits under the insurance policy issued to him by New South.

New South moved for summary judgment, arguing that there is no genuine issue of material fact that the plaintiff is not entitled to uninsured motorist benefits under his auto insurance policy because he was operating an ATV, which was specifically excluded from coverage. Alternatively, New South argued that if the ATV is determined to be a vehicle as defined in the policy, it was unregistered and uninsured and is therefore excluded from coverage on that basis.

Insurance Policy Exclusions for ATVs

The plaintiff’s policy defines an “auto” as a “four-wheeled private passenger vehicle … designed for operation mainly on public roads…” and explicitly states that an “auto” does not include “[a]ny type of all-terrain or quad vehicle, dune buggy, go-cart or golf cart.” The policy further defines a “Covered Auto” as “any auto shown on your Declarations Page for which a premium charge is shown…” Part C of the policy, titled “Uninsured/Underinsured Motorist Bodily Injury Coverage,” clarifies that an “‘uninsured motor vehicle’ does not include any vehicle or equipment: … [among other types] offroad recreational vehicle…. 8. That is not required to be registered as a motor vehicle….”

The policy also outlines specific exclusions to uninsured coverage benefits, including the following: “B. We do not provide Uninsured/Underinsured Motorist Coverage for any insured for bodily injury arising out of the ownership, maintenance or use of 1. Any vehicle… which is designed for use mainly off public roads such as any all-terrain or quad vehicle…. 2. Any vehicle which is not insured for Uninsured/Underinsured Motorist Bodily Injury Coverage under this policy, that is: a. Owned by you…”

The police report for the collision identifies the plaintiff as the operator of the blue Yamaha ATV and further indicates that the plaintiff was operating a vehicle that was unregistered and uninsured. New South contended that the policy issued to the plaintiff clearly excluded the vehicle he operated at the time of the collision from coverage. The policy explicitly states that an uninsured motor vehicle does not include an offroad recreational vehicle designed mainly for use off public roads and not required to be registered as a motor vehicle.

Additionally, the policy sets forth specific exclusions regarding uninsured motorist benefits. One exclusion states that New South will not provide uninsured/underinsured motorist coverage for any insured for bodily injury arising out of the ownership, maintenance, or use of a vehicle designed for mainly off-public-road use, such as any type of all-terrain or quad vehicle.

Court Ruling on Uninsured Motorist Coverage

There is no ambiguity as to whether ATVs are excluded from coverage under the provisions of the plaintiff’s policy. The court held that there is no genuine issue of material fact between the parties: the ATV operated by the plaintiff was excluded from coverage under the terms of the insurance policy with New South. The court therefore granted New South’s motion for summary judgment.

Peter Haskell v. Alexis Perez, Et Al., No. UWY-CV-22-6065991 S, 2024 WL 4750782 (Conn. Super. Ct. Nov. 7, 2024).