On appeal from the Superior Court of New Jersey, Law Division, Camden County, CAM-L- 1617-98 and CAM-L-4562-97.
Before Judges King, Coburn and Lefelt.
The opinion of the court was delivered by: King, P.J.A.D.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This is an appeal from a judgment denying liability coverage and a defense to an insured, James Simone, Sr., under a homeowner's policy for a claim arising from an accident occurring off the insured's premises involving the insured's motorized go-cart. The circumstances resulting in the accident commenced on the apron of the insured's driveway and ended when the go-cart left the traveled portion of the roadway, a block or more from the insured's premises, and struck a curbside tree.
Serious injury to the infant plaintiff Vincent Iorio, age nine, resulted from the accident. Judge Greene found the Aetna Casualty and Surety Company (Aetna) did not provide coverage for the personal injury claim against James Simone, Sr. for this occurrence. We agree and affirm.
The complaint alleged generally that the infant plaintiff, Vincent Iorio, was injured on February 11, 1996 while negligently supervised by Aetna's insured, James Simone, Sr., on his homestead property at 813 Wyngate Road, Somerdale, Camden County. Vincent was visiting his uncle, James, Sr., at their home. James, Sr., permitted his son, James, Jr., age twelve, to ride in the go-cart owned by James, Sr. At some point Vincent also got into the go- cart while it was at the "bottom of the driveway" or on the "apron of the driveway," quite near the street. The go-cart then traveled into the street, went a block or two in the street, and struck the curbside tree. Vincent's injuries ensued from this occurrence. Plaintiff's negligence claim focused on James, Sr. He claims negligent supervision of the infant plaintiff, Vincent, while on the insured's premises in the vicinity of the dangerous motorized vehicle, the go-cart. Aetna denied coverage because the accident arose out of an occurrence involving an owned motorized vehicle, the go-cart, while off the insured's premises.
Under Coverage E the Aetna's homeowners's policy provided liability coverage for a "suit brought against an insured for damages because of bodily injury ... caused by occurrence to which this coverage applies." The policy excludes personal liability coverage for claims arising out of motor vehicle hazards, with certain exceptions. The policy's exclusions state in pertinent part:
1. Coverage E - Personal Liability and Coverage F -Medical Payments to Others do not apply to bodily injury or property damage:
(1) the ownership, maintenance, use, loading or unloading of motor vehicles or all other motorized land conveyances, including trailers, owned or operated by or rented or loaned to any insured;
(2) the entrustment by any insured of a motor vehicle or any other motorized land conveyance to any person; or
(3) vicarious liability, whether or not statutorily imposed, for the actions of a child or minor using a conveyance ...