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Concord General Mutual Insurance Co. v. Woods3/28/2003
. Plaintiff Concord General Mutual Insurance Company (Concord General) appeals from an order of the Caledonia Superior Court denying its motion for summary judgment. Concord General instituted a declaratory judgment action seeking a determination that it did not owe homeowner's liability insurance coverage to defendants for an accident involving an all terrain vehicle (ATV) that occurred on Frances Woods' property. Jennifer Michaud and Matthew Heslin have filed personal injury suits on the basis of injuries allegedly suffered as a result of this accident. Frances and John Woods, defendants in the suits, are insureds under a homeowner's policy issued by Concord General. Concord General claims that the Woods' homeowner's policy excludes coverage for ATV accidents because (1) Frances Woods' ATV was subject to motor vehicle registration, triggering an exclusion listed in the policy, and (2) the reasonable expectation of both parties was that the Woods' ATV was not covered by the homeowner's policy. In addition, the Woods seek compensation for attorneys' fees. We affirm the trial court's denial of summary judgment to Concord General, and we find that Concord General is liable for coverage under the Woods' homeowner's policy. We reverse the trial court's decision on attorneys' fees.
. The facts are undisputed. On July 10, 1999, defendants Jennifer Michaud and Matthew Heslin were riding as passengers on an ATV on property owned by Frances Woods when an accident occurred. The ATV was owned by Frances Woods. Frances Woods' son, John Woods, was driving the ATV with his mother's permission at the time of the accident. Frances Woods and John Woods are insureds under a homeowner's policy issued by Concord General that was in effect on the date of the accident. Coverage for bodily injury under the policy is subject to several exclusions, including an exclusion for accidents " rising out of . . . he ownership, maintenance, use, loading or unloading of motor vehicles or all other motorized land conveyances . . . ." There is, however, an exclusion to this exclusion, providing that the policy will provide coverage for an accident that involves the use of " motorized land conveyance designed for recreational use off public roads, not subject to motor vehicle registration and . . . owned by an 'insured' and on an 'insured location'...."
. Frances Woods occasionally took the ATV off her property and onto public roads. Section 3502 of Title 23 requires that ATVs being operated by a private individual on public roads obtain registration. To comply with this statute, Woods registered her ATV with the Department of Motor Vehicles on November 3, 1998.
. Michaud and Heslin both claimed to have sustained serious injuries in the ATV accident and filed personal injury actions against the Woods. Believing the accident to be covered under her homeowner's policy, Frances Woods notified Concord General. Concord General refused to provide coverage to Woods on the grounds that her ATV was subject to motor vehicle registration and therefore excluded under the terms of her homeowner's policy. On October 23, 2000, Concord General requested the Caledonia Superior Court to declare that the homeowner's policy issued to the Woods did not cover the accident, that Concord General had no duty to indemnify or defend the Woods under the homeowner's policy for claims or suits by Heslin or Michaud, and that Concord General had no duty to pay attorneys' fees incurred by Frances Woods in litigation of the declaratory judgment action. Concord General joined Michaud, Heslin, and RLI Insurance Co., which had issued an umbrella insurance policy to Frances Woods, as defendants. Concord General filed a motion for summary judgment. On
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