In August 1990, Donald DeWitt was injured while riding an all-terrain vehicle (ATV) owned by Richard Arnold. Richard was the son of Richard D. Arnold, who had a HO policy issued by Nationwide. At the time of the accident, Richard was a member of his father's household and covered by the policy.

Donald was riding the ATV on a dirt trail during a camping trip in West Virginia when a wheel fell off, causing the vehicle to hit a boulder, causing Donald's injuries. The facts showed that Richard had purchased and installed after-market wheels, doing this work in his father's garage. Donald contended that improper lug nuts had been used in the installation and that they had broken, causing the wheel to fall off.

The trial court granted Nationwide's motion for summary judgment, and Donald appealed.

The company had denied liability since its policy did not cover a "motor vehicle owned . . . by an insured." The sole question before the court, on appeal, was whether the ATM was a motor vehicle as defined in the policy.

The exclusion in the policy defined "motor vehicle" and that definition included "a motorized golf cart, snowmobile or other motorized vehicle" owned by an insured and "designed for recreational use off public roads, while off an insured location."

The higher court said, "Clearly, an ATV is a motorized vehicle designed for recreational use off public roads, and it was being used off an insured location." Donald argued that the basis for his claim was the improper repairs which were done on the insured's premises; but the court disagreed, stating that the location of the accident controlled the exclusion.

The judgment entered in the trial court in favor of Nationwide was affirmed.

DeWitt v. Nationwide Mutual Fire Insurance Company-(Discretionary appeal to the Supreme Court of Ohio was not allowed)-No. 95-L-106-Court of Appeals of Ohio, Eleventh District, Lake County-March 11, 1996)-672 North Eastern Reporter 2d 1104.