Fifth DCA Finds Coverage Under Auto Policy for Modified Golf Cart
On July 5, 2013, the Fifth District Court of Appeal issued its opinion in Angelotta v. Security National Insurance Company. The case involved an insured who was operating a leased modified golf cart on a public road when he sideswiped a car and ran into a lawfully parked golf cart operated by the injured party. The accident occurred in The Villages, a popular retirement community where golf carts are regularly used for transportation.
The driver’s auto insurer argued it is not responsible for coverage because the golf cart was not an “auto,” defined to include vehicles designed principally for operation on paved roads and highways. The insurer also argued the golf cart was excluded from coverage as a vehicle frequently used by the insured but not listed in the policy.
The trial court below found in favor of the insurer because it determined the golf cart was not designed principally for use on paved roads and highways. However, the Fifth District Court of Appeal disagreed. It found instead that the modified golf cart constituted a “low-speed vehicle” under Florida law, and therefore an “auto” under the insurance policy, due to its modifications. The golf cart was capable of speeds exceeding 20 mph and it had certain safety modifications designed to allow it to operate on roadways. The court also disagreed with the insurer that coverage should be excluded because the insured had frequent use of the golf cart and yet did not obtain coverage for it. The court determined that such an interpretation would be inconsistent with Florida’s Financial Responsibility Law.
The court remanded the case to the trial court for entry of an order granting the plaintiff’s motion for partial summary judgment on the liability issue.