Farmers Insurance Group v. Koberg

Opinion

BLEASE, J.

Defendant Charles Koberg appeals from a judgment declaring that he is not entitled to coverage under a policy of insurance issued to him by plaintiff Farmers Insurance Group (Farmers). We affirm the judgment.

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Facts

Koberg suffered injuries as a passenger in a “dune buggy” when it overturned while driven by its owner, Allen Blankers,

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across sand dunes at Pismo Beach, California.

Blankers purchased the dune buggy in 1975, and began using it in 1977. He registered it as an “off-road vehicle.” It was constructed out of steel tubing with an engine, transmission and four seats. The passenger area was open with a roll bar across the top. It had headlights and taillights, but no fenders, exhaust system, or muffler. Blankers said that he purchased the vehicle for “recreational off-road use” and that it was his intent to use the vehicle only in off-road areas and not on freeways, public access roads or public streets. He drove the vehicle only on beaches and open desert areas and used a trailer to transport it from his house to such places.

Koberg looked to Farmers, his insurance carrier, for medical insurance coverage for his injuries. Farmers filed a declaratory relief action and moved for summary judgment, claiming the policy did not cover the dune buggy as an “off-road” vehicle. The trial court, without comment, granted the motion. This appeal followed.

Discussion

The Farmer’s policy insures Koberg for necessary medical expenses arising out of an accident occurring “while occupying ... a non-bwned automobile” used “with the permission of the owner ... . ” “Automobile” is defined as “a four wheel land motor vehicle designed for use principally Upon public roads . ... ”

The primary issue tendered is whether the dune buggy was an “automobile,” as defined in the policy. Farmers argues that it was not because it was not equipped for use on public roadways, was registered for off-road use only and lacked proper equipment (exhaust system, muffler, fenders) for on-road use.