Talk of The Villages Florida - View Single Post - Court Decision re:Golf Cart Accident
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Old 07-05-2013, 09:42 PM
bimmertl bimmertl is offline
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It's a lot more complicated than what this brief article describes. Here's the actual decision.

http://www.5dca.org/Opinions/Opin201...12-3363.op.pdf

Still somewhat hard to decipher. But it appears Snyder had an FR44 auto policy as a result of a prior DUI. So this is a unique type of policy. This link has somewhat of an explanation.

What is Florida FR44 Insurance? Florida No Fault Insurance

So this policy covers use of vehicles, "not owned by an insured" (2nd paragraph page 2 in decision) which meet the definition of an automobile under the state Financial Responsibility laws. It's a non owner policy issued to comply with the states Fr44 requirements.

The insurance company disclaimed coverage since the vehicle was a golf cart, and not an "automobile" and the trial court agreed. The appeals court decided since the vehicle actually met the definition of an LSV, it met the requirements for coverage under the policy, and reversed the trial court decision. So the golf cart was covered under the auto policy issued pursuant to the FR 44 requirement.

This is a very unusual circumstance and you can't draw many conclusions from it as the FR44 requirements are somewhat unique.

Normally, your auto policy won't cover you while driving a golf cart you have leased, rented, borrowed or whatever.

The only reason this FR44 policy applied was due to the fact the cart met the definition of an LSV. If it was a plain old non LSV cart, the policy would not have applied.