This court entered a judgment in the above-styled case at
1. Appellants first argue that the trial court erred in granting appellee’s motion for summary judgment and in finding that the named driver exclusion endorsement precluded coverage. The named driver exclusion endorsement, which was part of the policy at issue, pro
Appellants contend that the use of the words “any vehicle” and “the vehicle” in the endorsement are ambiguous and therefore the ambiguity should be construed in favor of the insured. Appellants argue that the definition of the term “motor vehicle” as used in the PIP coverage of the policy does not include the all-terrain vehicle involved in the accident, and therefore the term “vehicle” as used in the endorsement would not work to exclude an accident involving an all-terrain vehicle. After reviewing the policy and the endorsement, we agree with the trial court that no ambiguity exists. The term “motor vehicle,” which does not include all-terrain vehicles, was limited to the policy provisions providing PIP coverage, and, in any event, the named driver exclusion endorsement uses the broader term “vehicle.” OCGA § 40-1-1 (3) defines “all-terrain vehicle” as “any motorized
vehicle
designed for off-road use. . . .” (Emphasis supplied.) We find that the language used in the endorsement encompassed the all-terrain vehicle involved in this accident. Appellants exercised their right to reject uninsured motorist coverage for the named driver, see
Bass v. State Farm &c. Ins. Co.,
2. Appellants next contend, in a rephrasing of their first enumeration, that the trial court erred in concluding that the named driver was not an insured under the uninsured motorist coverage of the policy. As we stated in Division 1, and as stated by the trial court, the named insured under the policy, as well as the named driver herself, rejected uninsured motorist coverage for the named driver with respect to a vehicle that was being driven or operated by the named driver. The named driver was not an insured, and the trial court did not err.
3. In their third enumeration, appellants state that the trial court
4. In response to appellee’s declaratory judgment action, appellants filed a counterclaim seeking attorney fees and costs of litigation for filing a frivolous action. In view of the Georgia Supreme Court’s decision upholding the declaratory judgment action filed by appellee, the trial court was correct in finding that appellants’ counterclaim had no merit. Therefore, appellants’ fourth enumeration likewise is without merit.
Judgment affirmed.
