VT. COURT SAYS TRACTOR IS NO TOY:

A John Deere lawn and garden tractor is made for work, not for fun. At least that’s how the Vermont Supreme Court sees it. The court ruled in a dispute between an insurance company and the driver of a lawn tractor who injured his son while using his son’s lawn tractor to plow snow at his son’s home in Rutland Town. The insurance policy covered injuries sustained in a recreational vehicle accident, not a work-related vehicle. The state’s highest court sided with the insurance company’s decision to deny coverage for the accident, ruling that the lawn tractor was a work vehicle. “The John Deere lawn and garden tractor’s manual and physical characteristics unequivocally demonstrate that the tractor and its numerous attachments were designed, as one would assume, to accomplish a wide range of landscaping, plowing, gardening, and lawn work,” a three-member panel of the court ruled. Harry Delong accidentally injured his son, Arnold Delong, while operating his son’s tractor to clear snow at his son’s residence in Rutland Town. Harry Delong sought coverage under the homeowner’s policy for the injuries. Concord General Mutual Insurance Co. denied coverage. The policy excluded coverage for injuries arising from the ownership, maintenance or use of motorized vehicles. However, the policy had an exception that allowed for coverage for injuries caused by “a motorized land conveyance designed for recreational use off public roads.” The parties agreed that the main issue of dispute was whether the tractor is considered a motor vehicle designed for recreational use.

Topics Vermont