Ohio Subscriber

A

At first blush, we questioned why the vehicles involved would not be affected by the automobile exclusion in the CGL. However, the definition of “auto” in the form is restricted to land motor vehicles “designed for travel on public roads,” and does not apply to “mobile equipment.” Though engaged in parading on a public road at the time of the occurrence, the vehicle cannot be said to be “designed for travel.”

The miniature vehicle qualifies as “mobile equipment” by virtue of policy definition 8.f. This is mobile equipment not described in 8a., b., or c. (bulldozers, vehicles maintained for use solely on owned or rented premises, and vehicles that travel on crawler treads) and which is maintained primarily for purposes other than the transportation of persons or cargo. The purpose of the miniature vehicles is not transportation, but for display or promotion.

The mobile equipment racing or stunting activity exclusion eliminates coverage for damage arising out of the use of mobile equipment in a prearranged racing, speed, or demolition contest or in any stunting activity.

The important focus is on what constitutes a stunting activity. Absent policy definition, the insured is entitled to the common dictionary usage of the term. Webster's Ninth New Collegiate (1991) defines “stunt” as “an unusual or difficult feat requiring great skill or daring.” Implicit in this definition is the concept of danger. It does not seem daring, dangerous, or difficult to drive miniature vehicles down a parade route.

Therefore, the mobile equipment stunting activity exclusion seems inapplicable to the circumstances at hand, and the loss should be covered.