Our insured was driving her ATV at a state park and hit the side of an oncoming vehicle. The policy is a homeowners policy H03 10/00. The ATV is not required to be licensed or registered. The loss state is Alaska. The motor vehicle liability exclusion does not apply when a vehicle is not licensed or registered for use on public roads or is designed for recreational use off public roads and takes place on an insured location, as defined in Definitions B. 6.a., b., d., e. or h.; section d as a premises where an "insured" is temporarily residing and e. is vacant land other than farm land rented to an insured.
This occurred at a campsite where the insured was temporarily residing. Would this be considered a premises or vacant land?
Alaska 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, or 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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