Berry v. Motorists Mutual Insurance

Plaintiff-appellant, Joe P. Berry, was injured by a Ford 4500 Tractor Loader Backhoe (“Ford 4500 TLB”) while it was operated off a public road by a person not a party to this action. Its operator did not have liability insurance; therefore, appellant filed an uninsured motorists claim under his own insurance policy written by defendant-appellee, Motorists Mutual Insurance Company (“Motorists Mutual”). Motorists Mutual denied coverage, stating that the provision for uninsured motorists did not apply to injuries caused by equipment such as a Ford 4500 TLB. This backhoe was described as…