HO 24 13

    Posted by MAIA on May 14, 2019 12:01:00 AM

    QUESTION

    This question was answered based upon current rules, regulations & statutes in effect on April 29, 2019

    I need your expertise on this endorsement.  Is there any case-law for using this endorsement to get road  liability coverage for a personal use tractor ?  If not, how do agents handle getting liability coverage to drive a personal use tractor on the road other than finding a carrier willing to write a business auto on it.

    Your insight would be most appreciated.

    Thank you and have a good week.

    ANSWER

    Irene Morrill:  How much road activity and how far from premises 

    Agent:  Supposedly down the road to mother-in-laws only( half a mile )  But you know how guys with a tractor are, they will drive it along the side of the road, no matter where.  At least in this neck of the woods.

    Irene Morrill:   MGL 90 discusses what  a motor vehicle is in MA a tractor is a motor vehicle

    "Motor vehicles'', all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or trackless trolley under chapter one hundred and sixty-three or section ten of chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-four I, twenty-five and twenty-six. The definition of "Motor vehicles'' shall not include motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.

    If it was highway construction repair equipment and went slower than 12 miles one wouldn’t be considered motor vehicle … otherwise … your tractor is …and then MGL 90 section 1a states motor vehicles need insurance.  To get motor vehicles insure in MA one needs a Plate …either “general plate” or commercial plate.  

    So …  see attached specialty plate information provided by Kathy Cormier, CPPL, Member Relations Advocate, regarding plates … only if the owner is a farmer and the below applies would a plate NOT be necessary:

    A tractor, trailer or truck may be operated without such registration upon any way for a distance not exceeding one-half mile, if said tractor, trailer or truck is used exclusively for agricultural purposes, or between one-half mile and 10 miles if said tractor, trailer or truck is used exclusively for agricultural purposes and the owner thereof maintains in full force a policy of liability insurance which conforms to the provisions of section one hundred and thirteen A of chapter one hundred and seventy-five

    For any questions about plates …contact Kathy at our office.  kcormier@massagent.com

    The ISO HO policy might provide some coverage …HO-91 does the best ….IF it’s  not subject to motor vehicle registration …but it is …so one has a problem

    The incidental motorized land conveyance endorsement doesn’t cover you if vehicle is subject to “motor vehicle registration” …this is HO-91 – but any HO edition ..and it appears that it is per previous email

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: 2018

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