ATV ISN'T A MOTOR VEHICLE

In Matter of Progressive Northeastern Ins. Co. v. Scalamandre, Progressive wanted to stop the arbitration of an uninsured motorist claim.

Maria Scalamandre was injured when she was hit by the driver of an uninsured all-terrain vehicle or ATV. When Scalamandre submitted a demand for arbitration seeking uninsured motorist benefits from her insurer, Progressive countered with a lawsuit  claiming that an ATV wasn't an "uninsured motor vehicle."

After the Suffolk County Supreme Court sided with the company's position, Scalamandre appealed to the Appellate Division, Second Department, which found that the policy excluded ATVs from the definition of "motor vehicles."

Had the ATV been a three wheeler, it might have been considered a "motorcycle" entitling Scalamandre to coverage. However, this particular ATV was a four-wheeled vehicle which didn't fit within the law's definition or the policy's coverage parameters.

No pay dirt there.

To download a copy of the Appellate Division's decision, please use this link: Matter of Progressive Northeastern Ins. Co. v. Scalamandre