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Partin v. Georgia Farm Bureau Mut. Ins. Co.

The trial court erred in finding that the farm package insurance policy's motor vehicle exclusion applied to preclude coverage for claims asserted against the insured for injuries sustained on a four-wheeled all-terrain vehicle.

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Georgia Farm Bureau Mutual Insurance Company filed a declaratory judgment action seeking a determination of its obligations under a farm package insurance policy it had issued to Kendall Partin. The trial court granted summary judgment to Georgia Farm Bureau, concluding that the motor vehicle exclusion in the farm policy applied to preclude coverage to Partin for claims asserted against him by Allen Hamilton for injuries Hamilton’s granddaughter sustained while driving a four-wheeled all terrain vehicle owned by Partin. Contrary to the trial court, we hold that a jury would be authorized to find that the vehicle was “mobile equipment” as defined by the policy; that a jury would also be authorized to find that the vehicle was a “farm implement” as that term is used in and contemplated by the policy; and consequently that the trial court erred in granting summary judgment on the basis that the policy’s motor vehicle exclusion is applicable, as a matter of law, to the claims asserted against Partin.

1. The injury.

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