An Insurer’s Duty to Defend Accidents on Uninsured Premises
Robert Rohr held an insurance policy from Amco Insurance Company (Amco) which precluded coverage for accidents on property other than “insured premises” as defined within the policy. This policy covered Rohr’s All Terrain Vehicle ATV vehicle. Defendant Rohr’s (ATV) was crashed into a tree by defendant Erica Shaw on the property of Mike and Sandy Camden. As a result Andrew Morris was injured.
Morris filed suit against Rohr and Shaw for his injuries. Amco refused to defend Rohr under the policy on the basis that the ATV was driven on land other than “insured premises” under the insurance policy. The Court held that because the policy specifically excluded coverage where the ATV was driven on uninsured area, Amco did not have a duty to defend its insured.
