Our insured was driving her ATV at a state park and hit the side of an oncoming vehicle. The policy is a homeowners policy HO 03 10 00. The ATV is not required to be licensed or registered, the loss state is Alaska.
The policy reads as follows:
The Motor vehicle liability exclusion does not apply:
A1. does not apply as this is an ATV not designed for use on public roads and is not required to be licensed or registered, was not being raced, rented to someone else, used to carry persons or cargo for a charge, was not being used for business
2. If exclusion A1 does not apply there is still no coverage for "motor vehicle liability" unless the "motor vehicle" is
d. Designed for recreational use off public roads and
(1) Not owned by an insured; or
(2) Owned by an "insured" provided the "occurrence" takes place on an "insured location" as defined in Definitions B. 6a., b., d, e, or h
Reviewed insured location
6. Insured location
D. Any part of a premises (1) not owned by an insured and
Where an insured is temporarily residing
E. Vacant land..rented to an insured
This occurred at a campsite where the insured was temporarily residing. Would this be considered a premises or a vacant land?
Connecticut Subscriber
If there are buildings on the state park then it would qualify as a premises; the definition of "premises" is a building and the area of land that it is on (Merriam-Webster Online). If there are no buildings and the insured was camping in a tent, then he was not in a premises. As state parks often have shelters, picnic tables, and bathrooms, perhaps the land is not vacant. Vacant land is land with no construction on it, not just no buildings. Your answer really depends on the nature of the state park and how the insured was staying there. If he was staying in a cabin then the loss would be covered; if he was staying in a tent, then there would be no coverage.
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