District Court of Appeal of Florida
In Elliott v. State Farm Florida Ins. Co., 61 So.3d 502 (Fla. Dist. Ct. App. June 1, 2011), the Florida District Court of Appeal held that an accident involving a golf cart on a private road near the insured's property in a private community was not covered under the insured's homeowners' policy.
Alexander Elliott was driving Katie Frontiero in his family's golf cart through the roads of the Plantation at Sewall's Point, a private residential community. Away from the Elliotts' home and on one of the community's roads, Katie fell out of the golf cart and suffered various injuries. The Frontieros sued the Elliotts for negligence.
State Farm Florida Insurance Co. insured the Elliotts under a homeowners' policy that precluded coverage for "bodily injury ... arising out of the ownership, maintenance, use, loading or unloading" of any "motor vehicle owned or operated by or rented or loaned to any insured." Although the policy generally defined golf carts as "recreational vehicles" as opposed to "motor vehicles," it considered all recreational vehicles to be motor vehicles "while off an insured location." The policy defined "insured location" to mean the family's residence and "any premises used by you in connection with [the family's residence]."
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