Country Mutual Insurance Co. v. Ashley Leffler
705 F. App'x 549
| 9th Cir. | 2017Background
- Ashley Leffler was injured while riding an ATV through an unpaved ditch between a paved roadway and a paved bike path.
- Leffler’s insurer, Country Mutual, issued a policy with $100,000 Uninsured Motorist (UM) and $25,000 Medical Payments (MP) coverage.
- Country Mutual denied UM and MP coverage; district court held Leffler not entitled to either.
- UM coverage in the policy applies only if the accident occurred on a “public road”; the policy does not define that term.
- MP coverage applies only to injuries sustained while riding in a “non‑owned vehicle,” defined as a “land motor vehicle” (a vehicle designed principally for use on public roads). Leffler admits the ATV is designed principally for off‑road use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ATV accident occurred on a “public road” for UM coverage | Leffler: the ditch was, in her perception, a public road and thus triggers UM coverage | Country Mutual: “public road” excludes terrain suitable only for specially designed off‑road vehicles like ATVs | Court: “public road” does not include terrain suitable only for ATVs; UM not triggered |
| Whether the ATV qualifies as a “land motor vehicle” for MP coverage | Leffler: MP coverage should apply despite ATV being off‑road vehicle | Country Mutual: ATV is not a “motor vehicle” because it is not designed principally for use on public roads, so it cannot be a “non‑owned vehicle” | Court: ATV is not a “motor vehicle” under the policy; MP coverage not triggered |
Key Cases Cited
- State Farm Mut. Auto. Ins. Co. v. Dowdy, 192 P.3d 994 (Alaska 2008) (insurer policies construed to honor reasonable expectations of lay insured)
- C.P. ex rel. M.L. v. Allstate Ins. Co., 996 P.2d 1216 (Alaska 2000) (factors for determining reasonable expectations include policy text, other provisions, extrinsic evidence, and case law)
- State Farm Fire & Cas. Co. v. Bongen, 925 P.2d 1042 (Alaska 1996) (limiting reasonable‑expectation doctrine against self‑serving insured declarations)
- Sowinski v. Walker, 198 P.3d 1134 (Alaska 2008) (Alaska statutes/regulations do not define “public road”; interpreted “public” but not “road” here)
- Gittings v. Am. Family Ins. Co., 888 P.2d 1363 (Ariz. Ct. App. 1994) (terrain usable only by specially designed vehicles excluded from “public road”)
- Leski v. State Farm Mut. Auto. Ins. Co., 116 N.W.2d 718 (Mich. 1962) (similar exclusion of off‑road vehicle terrain from public road coverage)