Insurance -Policy Unclear as to Status of Golf Cart Is Read in Favor of Insured Kaitlyn flanagan lindsey hill

Summary Description -Appeals court held that a homeowner's insurance policy is vague as to liability coverage for an injury caused by a golf cart to a pedestrian, one provision appears to provide coverage and another provision acts to exclude coverage, the obscurity is decided in favor of the insured.

Summary Facts – -Herring's son was driving a golf cart on a sidewalk when he struck and injured a pedestrian. His homeowner's policy provided liability coverage for injury caused by the golf cart when it was used for golfing, and for injury caused by use of a recreational motor vehicle. Herring's insurer contended that the policy did not cover this incident because the cart was not in use for golfing and it is not a recreational vehicle. The trial court agreed, stating that a recreational vehicle (RV) is used for temporary living when traveling. Herring appealed.

Key words Homeowner Liability; A form of property insurance intended to protect an individual's home against damages to the house, or to assets in the home. It also provides liability coverage against accidents in the home or on the property. Recreational Vehicle; motor vehicles or tow-able trailers and are primarily intended for leisure activities such as vacations and camping. Golf Cart; a small motorized vehicle for golfers and their equipment.

Because it was unclear if a golf cart was a recreational vehicle they must construe the policy in favor of the insured.