Coverage afforded for modified golf cart under automobile insurance policy as “low speed vehicle.”

The plaintiff appealed the trial court’s determination that the vehicle was not covered by the driver’s automobile insurance policy. This court reversed, finding that the golf cart, which had been modified to exceed speeds of 20 mph, qualified as a motor vehicle and was covered under the tortfeasor’s policy. Under Section 320.01(22), Florida Statutes, a golf cart is a motor vehicle that cannot exceed speeds of 20 mph, whereas a low-speed vehicle is “any four-wheeled electric vehicle” capable of 20 to 25 mph; accordingly, the modified golf cart at issue was a “low-speed vehicle.” This low-speed vehicle was a “motor vehicle” under the Financial Responsibility Law, which preempted and invalidated any potential conflicts with the exclusions or definitions of the Security insurance policy. Thus, the court concluded that the defendant owed coverage for the loss.

Case Law Alerts, 4th Quarter 2013