Circuit Court LC No. 16-105387-CK
Before: Meter, P.J., and Sawyer and Shapiro, JJ.
faced with the question whether an "insured
premises" under a homeowner's policy includes
property regularly used with permission, but not owned or
resided in, by an insured where a definition of "insured
premises" includes "any premises used" by an
insured "in connection with" the insured's
"residence premises." We conclude that it does not.
basic facts relevant to this appeal are not in dispute.
Brandon Dickert was killed while riding on an all-terrain
vehicle (ATV) operated by Bailey Bischer and owned by
Bailey's parents, Barbara and Gary Bischer. Dickert's
estate filed suit against the Bischers, alleging negligence.
The Bischers were insured under a homeowners policy issued by
plaintiff. Plaintiff filed this declaratory judgment action
seeking a determination that it was not obligated to
indemnify or defend the suit.
issue is the following exclusion under the policy, as well as
the exception to the exclusion:
We do not cover:
* * *
6. bodily injury or property
damage arising out of:
A. the ownership, maintenance, occupancy, use, renting,
loaning, loading or unloading of any motorized land
vehicle or trailer;
B. the entrustment by you of a motorized land vehicle to any
exclusion does not apply to:
A. a motorized land vehicle in dead storage or used
exclusively on an insured premises;
B. any motorized land vehicle which is designed
principally for recreational use off public roads, not
subject to motor vehicle registration, licensing or
permits, and owned by you, but only while the vehicle is on
the insured premises. [Emphasis added.]
not disputed that the ATV is a "motorized land
vehicle" under the policy that is designed "for
recreational use off the public roads". Thus, the
exception under paragraph "B" above would apply
if the ATV was being operated on the insured premises. That
becomes the essential question in this case.
accident did not occur on the Bischers' property.
Rather, Bailey and Brandon were riding on trails on a
neighboring property. According to Gary Bisher's
deposition testimony, the Bischers own 18 acres with a
large wooded area. Trails wind through the property, as
well as through the property of other neighbors. According
to the deposition testimony, the residents routinely use
the trails on each other's properties. The accident
occurred on the property of a neighbor located across the
street from the Bischers' ...