Michigan Court of Appeals; Docket No. 92258; Published
Judges Walsh, Shepherd, and Doctoroff; Unanimous; Per Curiam
Official Michigan Reporter Citation: 163 Mich App 646; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals reversed the trial court's decision that an exclusionary clause in the Goldwater insurance policy was confusing and should be construed against the insurance company.
In this case, two minors collided on their dirt bikes while riding in a farmer's field near the subdivision where they lived. After one of the minors sued Goldwater for negligent operation of the motor bike, Goldwater's insurer, Allstate, undertook the defense with reservation of rights. The Goldwater homeowner's policy contained an exclusion for injury arising out of ownership, maintenance, use, loading or unloading of any motorized land vehicle, but the exclusion does not apply to "any motorized land vehicle designed principally for recreational use off public road, unless that vehicle is being used away from the residence premises."
The Court of Appeals noted the language of this contract was confusing, but is not ambiguous. It clearly excludes coverage for the accident of a motorized land vehicle designed for recreational use off public roads, owned by an insured, that occurred away from the residence premises.
