Jennifer Boniey v. Brian Kuchinski and State Farm Mutual Automobile Ins. Co.

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The parties filed motions for summary judgment before the circuit court. The motions asked the circuit court judge to decide whether the exclusion of an off-road ATV from uninsured motorist coverage under the insurance policy is enforceable or is invalid under the uninsured motorist statute, West Virginia Code §33-6-31. The Circuit Judge held that the ATV was not properly excluded from coverage under the uninsured portion of the State Farm policy. State Farm appealed. The issue presented on appeal is: Did the Circuit Court err when it held that an ATV exclusion in an uninsured motorist policy violates the spirit and intent of West Virginia Code §33-6-31, in that the uninsured motorist statute is inapplicable when a motor vehicle is operated off-road.