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NORTH STAR MUT. INS. CO. v. MOON

No. C6-83-1099.

357 N.W.2d 95 (1984)

NORTH STAR MUTUAL INSURANCE COMPANY, Appellant, v. Robert MOON, Tracie Dingman, Mike Steidl, d.b.a. Mike Steidl Road Maintenance, Respondents, Joe Doe Corporation, Defendant, Delores Moon, guardian for Dawnette Moon, a minor, Kawasaki Motors Corporation, U.S.A., K & K Sports, The Township of Alexandria, Minnesota, Respondents. and DAIRYLAND INSURANCE COMPANY, plaintiff in intervention, Respondent, v. NORTH STAR MUTUAL INSURANCE COMPANY, defendant in intervention, Appellant.

Supreme Court of Minnesota.

November 2, 1984.

Attorney(s) appearing for the Case

Frederick L. Grunke, St. Cloud, for appellant.

Jeffrey R. Brauchle, Minneapolis, for Delores Moon.

Jeffrey D. Pederson, Wadena, for Steidl.

Ronald Michaelson, Minneapolis, for Kawasaki.

Richard Pemberton, Fergus Falls, Ralph Tillitt, Alexandria, for Alexandria Tp.

Michael Ford, St. Cloud, for Dairyland Ins.

Paul Widick, St. Cloud, for Dingman.

Craig H. Anderson, Minneapolis, for K & K Sports.

Joseph M. Goldberg, Minneapolis, for Robert Moon.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

We hold that a registered, insured, three-wheel, all-terrain vehicle (ATV), when owner-modified for travel on the public road and when traveling on the public road, is a "motor vehicle" within the meaning of a motor vehicle exclusion of a farm liability policy. We reverse the trial court's contrary ruling.

In April 1981, defendant-respondent Robert Moon purchased a Kawasaki three-wheel, all-terrain vehicle. About 2 months later, a minor...

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