Being a once-in-a-while golfer, I was interested in an article I received from CED Investigative Technologies concerning the rise in golf-cart accidents. According to the article, a local woman in Selma, Ind., died in a golf-cart accident that the coroner called an extremely tragic freak accident; and in Franklin, Tenn., a 15-year-old boy was killed and three other teens injured in a golf-cart crash. From personal experience, I can say that a good friend of ours had her shoulder shattered when she was hit by a golf cart while on the course.
Now, golf carts are supposed to be safe vehicles, even as we drive them without much concern all over the golf course (and off the golf path). But I doubt if there are many (if any) regulations on the safety or use of the carts. So, accidents and resulting injuries are going to occur, and the questions then arise: Who is responsible, and who is going to pay for the injury claims?
Suppose the golf-course owner is held responsible. Presumably, the owner has a General Liability policy or a specialized golf-course policy to cover liability claims. The standard Commercial General Liability coverage form would respond to any liability claim arising out of the ownership or use of a golf cart. An insurer might dispute coverage by asserting that the golf cart is an auto since it is a land motor vehicle. However, a more reasonable interpretation is the counterassertion that the golf cart is mobile equipment (and thus covered under the General Liability form) since it is designed for use principally off public roads.
But what if the individual driver of the golf cart is held responsible? That driver will no doubt look to his Homeowners' policy or even his Personal Auto policy for protection.
The standard Homeowners' policy excludes coverage for motor-vehicle liability, and a motor vehicle is defined as a self-propelled land vehicle, which would include a golf cart. However, the policy then declares that the exclusion does not apply to a motor vehicle designed for recreational use off public roads and not owned by an insured (the exception also applies to a motorized golf cart that is owned by an insured, under certain conditions). So, the Homeowners' policy will offer coverage for the insured if he or she inadvertently runs over a fellow golfer and causes some bodily injury.
(As an aside, if the insured has been drinking a few too many beers and has his or her driving ability impaired, that most probably is not going to change the accident, or occurrence, into an intentional act, thereby preventing coverage. Also, if the insured lets his children drive the golf cart and they run into another golfer, the Homeowners' policy is still applicable.)
The Personal Auto policy addresses golf-cart liability coverage in a different manner. The liability insuring agreement applies for the ownership or use of any auto. But auto is not a defined term in the standard Personal Auto policy, so this begs the question as to whether the insured would have coverage for a golf-cart accident since a case can be made that a golf cart is not actually an auto. The policy excludes liability coverage for the ownership or use of any vehicle designed mainly for use off public roads but then states that the exclusion does not apply to any nonowned golf cart. (Golf carts owned by the insured can be covered through the use of an endorsement to the Personal Auto policy.) So, the issue of coverage under the Personal Auto policy for a golf-cart accident would seem to hinge on weighing the insuring-agreement language against the exception to the exclusion.
In my opinion, the intent is there to offer coverage for a golf-cart accident. The Personal Auto policy insurer would most probably prefer to have the coverage under the Homeowners' policy, but if the insured has both coverages with the same insurer, that issue would not be a problem.
The bottom line, fellow golfers, is that we don't need to worry about whether we are driving uninsured motor vehicles when we drive our golf carts—unless we want to use that as an excuse for shooting 20 or 30 over par.
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