Metropolitan Property & Casualty Insurance v. Marti

162 F. Supp. 3d 868, 2016 WL 471300
CourtDistrict Court, D. Minnesota
DecidedFebruary 5, 2016
DocketCivil No. 14-2848 (DWF/SER)
StatusPublished
Cited by1 cases

This text of 162 F. Supp. 3d 868 (Metropolitan Property & Casualty Insurance v. Marti) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Property & Casualty Insurance v. Marti, 162 F. Supp. 3d 868, 2016 WL 471300 (mnd 2016).

Opinion

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, United States District Judge

INTRODUCTION

This matter is before the Court on the Summary Judgment Motions of Defendant Barbara Marti1 (“B. Marti”) (Doc. No. 35), Plaintiff Metropolitan Property and Casualty Insurance Company (“Metropolitan”) (Doc. No. 44), and Defendant West Bend Mutual Insurance Company (“West Bend”) (Doc. No. 50). Defendant Shawn Hearn (“Hearn”) and Defendant Morgan Creek Vineyards (“Morgan Creek”) have joined in these motions in part, as described below. (Doc. Nos. 54-55 & 62-64.) For the reasons stated below, the Court denies B. Marti’s motion and grants in part and denies in part Metropolitan’s motion and West Bend’s motion.

BACKGROUND

In this declaratory judgment action, all parties request that the Court declare the responsibility of each insurer to cover B. Marti’s claimed damages caused by injuries sustained when she fell from a John Deere Gator utility vehicle (“Gator”) on Morgan Creek’s premises. The Gator is a six-wheeled 6x4 utility vehicle with a driver’s seat, a passenger seat, and a large cargo box behind the seats. (Doc. No. 38 (“Miller Aff.”) ¶ 3, Ex. A (“Hearn Dep.”) at 20 & Ex. 1; Miller Aff. ¶5, Ex. C (“P. Marti Dep.”) at 15, 18, 21, 40-42, Exs. 2-5.) The Gator was owned by Morgan Creek (P. Marti Dep. at 11, 44) and operated by Hearn at the time of the accident (Miller Aff. ¶ 4, Ex. B (“A. Marti Dep.”) at 9-10). Morgan Creek was covered under an insurance policy issued by West Bend (Doc. No. 53 (“Nelson Deck”) ¶3, Ex. B), and Hearn was covered under an insurance policy issued by Metropolitan (Nelson Decl. ¶ 4, Ex. C).

I. The Accident

On September 22, 2012, George Adam Marti (“A. Marti”) invited several friends to Morgan Creek for a social gathering. (Hearn Dep. at 7-9.) Morgan Creek is owned by A. Marti’s parents, Paula and [871]*871George Marti (“P. and G. Marti”), and A. Marti is Morgan Creek’s salesperson. (Id. at 8; A. Marti Dep. at 5; P. Marti Dep. at 37.) One of the individuals A. Marti invited to the winery was his friend, Hearn. (Hearn Dep. at 8-9.) Hearn is a sales representative for Johnson Brothers, an alcohol distributor. (Id. at 8.) However, Hearn was not an employee of Morgan Creek (id. at 35-36; Nelson Decl. ¶ 16, Ex. 0 at 2), and Hearn does not sell Morgan Creek products in his position at Johnson Brothers (Hearn Dep. at 8). Hearn described the September 22, 2012 event as “[j]ust a social gathering among friends.” (Id. at 12.) He explained, “We barbecue, play games, and sample wines from our personal collection.” (Id.)

During the social gathering, A. Marti used the winery’s John Deere Gator utility vehicle to transport food and wine to the winery’s barbecue pit. (Id. at 17.) The Gator was also used by two of the guests to drive around the vineyard at some point during the event. (Nelson Decl. ¶ 9, Ex. H (“2014 A. Marti Dep”) at 27-28.) The group also went on informal self-guided tours of the winery, either walking or riding on the Gator utility vehicle. (Hearn Dep. at 19-20.) On the day of the accident, A. Marti and Hearn were planning to use the Gator to get firewood, but the trip turned into an informal tour of the winery with a group of several friends. (Nelson Decl. ¶ 10, Ex. I (“2014 Hearn Dep.”) at 21-23.) Hearn was operating the Gator while A. Marti rode in the passenger seat. (Hearn Dep. at 40; A. Marti Dep. at 18.) B. Marti — A. Marti’s spouse at the time of the accident — was riding in the back of the Gator, seated on the tailgate. (A. Marti Dep. at 8-9; Compl. ¶ 20, Ex. 3 (“Underlying Compl.”) ¶ 7; Nelson Decl. ¶ 11, Ex. J (“B. Marti Dep.”) at 43.) While Hearn was backing up the Gator, B. Marti fell out of the Gator and was purportedly run over. (Underlying Compl. ¶ 8; 2014 A. Marti Dep. at 37-40; B. Marti Dep. at 45.) B. Marti claims to have sustained severe injuries in this accident. (Underlying Compl. ¶ 11.)

II. The Insurance Policies

At the time of the accident, Hearn was insured under a homeowners insurance policy issued by Metropolitan (“Metropolitan Policy”). (Nelson Decl. ¶4, Ex. C; Hearn Dep. at 21.) Morgan Creek was insured under a commercial general liability policy issued by West Bend (“West Bend Policy”). (Nelson Decl. ¶ 3, Ex. B; P. Marti Dep. at 31.)

A. The Metropolitan Policy

The Metropolitan Policy, policy number 8285834040, provided Hearn with homeowners insurance coverage effective from May 5, 2012 to May 5, 2013. (Nelson Decl. ¶ 4, Ex. C at 3.) The Metropolitan Policy contains the following exclusion for losses relating to motorized land vehicles:

8. Motorized Land Vehicles. We do not cover bodily injury or property damage arising out of:
A. the ownership, maintenance, occupancy, operation, use, loading or unloading of a motorized land vehicle ... owned or operated by or rented or loaned to you ....

(Id. at 32.) Under this exclusion, there are exceptions for certain categories of motorized land vehicle usage. Specifically, the Metropolitan Policy provides:

Coverage is extended for bodily injury and property damage arising out of:
e. a motorized land vehicle, not owned by you, principally designed for recreational use off public roads, and not subject to motor vehicle registration

(Id.)

B. The West Bend Policy

The West Bend Policy, policy number CPN 1745847 00, provided Morgan Creek [872]*872with coverage effective from April 30, 2012 to April 30, 2013. (Nelson Decl. ¶ 3, Ex. B. at WB000002.) The West Bend Policy provides the following provision granting coverage for bodily injury:

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies. ...

(Id. at WB000019.) Under the section designating “who is an insured,” the policy provides the following:

1. If you are designated in the Declarations as:
b. A partnership2 or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business.
2. Each of the following is also an insured:
a. Your “volunteer workers” only while performing duties related to the conduct of your business, or your “employees,” ... but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.

(Id. at WB00027.)

III. The Gator

As noted above, the Gator is a six-wheeled 6x4 utility vehicle with a driver’s seat, a passenger seat, and a large cargo box behind the seats. (Hearn Dep. at 20 & Ex. 1; P. Marti Dep. at 15, 18, 21, 40-42, Exs. 2-5.) On the front of the Gator, a large warning label states: ‘WARNING RIDERS CAN FALL OFF AND BE KILLED.” (P. Marti Dep., Ex. 2 at 2.) The warning also states “Maximum of one person to a seat” and “No riders in box or anywhere else.” (Id.)

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162 F. Supp. 3d 868, 2016 WL 471300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-property-casualty-insurance-v-marti-mnd-2016.