Farm Family Mutual Insurance v. Whelpley

The principal issue raised by this action is whether the all-terrain vehicle (ATV) owned by the defendant fell within the recreational motor vehicle exclusion of his special farm package insurance policy purchased from the plaintiff. A Superior Court judge determined that it did and, thus, relieved the plaintiff from any duty to defend and to indemnify the defendant from any liability arising out of an action brought by third parties against the defendant for injuries resulting from the use of the ATV. We affirm.

We summarize the undisputed material facts. On or about August 19, 1993,…