In 1995, Andrea Dickens was a guest on the pontoon boat owned by the Robertsons. The boat was being driven by a 50 hp outboard motorboat. While it was piloted by Bob Robertson, Andrea fell from the boat and was severely cut by the outboard motor's propeller blades.

The Robertsons had a homeowners policy issued by Safeco Mutual Insurance. The policy had common language that excluded liability for watercraft, including boats powered by motors having 50 or more horsepower. Based on this exclusion, Safeco denied coverage for the Dickens' lawsuit against the Robertsons for Andrea's injuries.

The Robertsons appealed after a jury decided that the loss was excluded from coverage by the homeowners policy. Rather than dispute that the exclusion applied to motors with 50 or greater horsepower, the Robertsons contended that their motor was incapable of producing 50 hp at the time of the loss. This contention was proved by professional tests. The higher court considered the contention, but was of the opinion that the exclusion applied to the motors original, certified rating of 50 hp. It did not appear to be reasonable to make the policy language subject to post-loss engine/motor testing. The trial court decision was affirmed in favor of the insurer.

Safeco Insurance Company of America, Plaintiff-Appellee, v. Robert K. Robertson et al., Defendants-Appellants. ColoCtApp. No. 97CA2216 Filed December 23, 1999, Affirmed. CCH 2000 Fire and Casualty Cases, Paragraph 6668.