Can the wheels of justice handle a golf cart?  Lisa and Donna worked for the Easter Seal Society and were riding together in a golf cart on a path on Society property.  Lisa was driving when suddenly the golf cart went out of control.  Donna was thrown and seriously injured.  She sued the Society, which claimed that she was working at the time and therefore was limited to worker’s compensation benefits.  Donna argued the worker’s comp policy specifically exempts accidents involving motor vehicles.  She argued a golf cart is a vehicle, has a motor and therefore is a motor vehicle.  But the Court found a motor vehicle has to be one that is or could be registered to ride on a public way and golf carts are not equipped with required equipment, which includes headlights, taillights, directional signals, rearview mirrors and windshield wipers.  Also, golf carts have no motor vehicle insurance.  So no motor vehicle, no lawsuit.  Sorry, Donna, you took a real swing at it, made some great arguments, but there seem to be a hole in one or more of them and any way you look at it, a golf cart is simply not a caddy.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Donna J. East v. Lisa M. Labbe, Superior Court of Connecticut, Judicial District of Tolland, 3/9/98, Sullivan, J., 1998 L.W. 111028

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As this boating season comes to an end, if you plan to sell your boat, check your insurance policy, because if the boat sinks you could find yourself up a well-known creek without a paddle.  Jeffrey and Christie bought a 50-foot steel house sailboat which they insured with a well-known boat insurer.  Three years later they decided to sell the boat to Joe, who was supposed to pay them $1400 a month until the full purchase price was paid.  What was a little unusual was even though Joe now owned the boat, Jeffrey and Christie could still use it until the last payment was in.  Everything was going great until the boat broke loose and ended up hard aground on a set of dangerous rocks.  At this point the insurer learned the boat had been sold and refused all coverage under the policy, which provides that coverage terminates automatically if the boat is sold without prior written consent of the insurer.  Jeffrey and Christie argued the fact they could use the boat meant they still actually owned it during the payoff period.  But the Court held for the insurer, and both boat and insurance ended up on the rocks.  So reading and understanding your insurance policy is the best policy all aground.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Conlon Insurance Company v. Jeffrey H. Garrison and Christie R. Garrison and Nations Bank, U.S. District Court, Eastern District of Wisconsin, June 16, 1999, Gordon, J., 1999 W.L. 421014 (E.D. Wis.)

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