Archie, Jr. Dowdle v. MS Farm Bur Mut Ins Co

Citation: Not availableDocket: 95-CA-00677-SCT

Court: Mississippi Supreme Court; June 23, 1995; Mississippi; State Supreme Court

Original Court Document: View Document

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Archie Dowdle, Jr. appeals a summary judgment from the Panola County Circuit Court, which ruled in favor of defendant Jimmy Berryhill, Jr. The court determined there were no genuine issues of material fact, affirming that Berryhill was entitled to judgment as a matter of law. The central issue is whether a golf cart qualifies as a motor vehicle under Dowdle's uninsured motorist insurance policy and Mississippi's Motor Vehicle Responsibility Act. 

Dowdle claims injuries due to Berryhill's negligent operation of a golf cart and sought coverage under his father's uninsured motorist policy with Farm Bureau, which denied the claim, asserting that a golf cart does not constitute an automobile as defined by the policy or applicable statutes. The policy explicitly excludes coverage for all-terrain vehicles, motorcycles, and any recreational vehicle that is primarily designed for off-road use. 

The court references the case Hartford Accident & Indemnity Co. v. Bridges, confirming that limitations on uninsured motorist coverage must be clearly stated and understandable to the insured. The definitions within the insurance policy were deemed clear and unambiguous, complying with the precedent set in Bridges. 

Furthermore, Mississippi's Motor Vehicle Responsibility Act defines a motor vehicle as a self-propelled vehicle intended for use on highways, excluding specific types of vehicles such as tractors and implements of husbandry. The Act also defines 'highway' as public roads open to vehicular traffic. The court concluded that the golf cart did not meet these definitions, thus affirming the trial court’s decision. The judgment was affirmed on July 31, 1997, with the mandate issued on August 22, 1997.

Two relevant cases from the Mississippi Federal District Courts provide insight into the interpretation of insurance coverage concerning vehicles not primarily designed for public road use. In **Wilcher v. Michigan Mut. Ins. Co.,** the court determined that farm tractors do not qualify as vehicles meant for public roads, citing Mississippi laws that exempt them from licensing and insurance requirements. Similarly, in **State Farm Mut. Auto. Ins. Co. v. Graham**, the Northern District court ruled that uninsured motorist coverage did not apply to injuries caused by an unlicensed dragster on a dirt track, emphasizing the vehicle's design for off-road use.

The analysis extends to other jurisdictions, including **Nepstad v. Randall** from South Dakota, which clarified that their automobile guest statute does not apply to vehicles like golf carts unless operated on public highways. Florida's **American States Ins. Co. v. Baroletti** echoed this sentiment, noting that golf carts are generally not used on roads, thus falling outside financial responsibility statutes.

While the appellant cited Michigan cases that classified golf carts as motor vehicles, these were deemed unpersuasive due to differences in statutory interpretations between Michigan and Mississippi. The overall conclusion is that, consistent with previous rulings, golf carts do not meet the statutory definition of motor vehicles in Mississippi law.

The policy language clearly states that golf carts are classified as recreational vehicles intended for off-road use, leading to their exclusion from coverage. The trial court's grant of summary judgment is upheld. Justice McRae dissents, arguing that the majority's interpretation of the Mississippi Uninsured Motorist Statute undermines its purpose of providing coverage for victims of uninsured motorists. McRae emphasizes that the statute should be liberally construed to maximize coverage and avoid exclusions. He contends that the definition of 'motor vehicle' in this context is too narrow, which could leave accidents involving golf carts on private property without coverage, contrary to the statute's intent. McRae highlights that testimony indicated golf carts are sometimes used on public roads, presenting a factual issue that should be determined by a jury, making summary judgment inappropriate. He criticizes the majority's reliance on an unpublished opinion and asserts that overlooking these policy considerations is a significant error.