Koberg

Defendant Charles Koberg appeals from a judgment declaring that he is not entitled to coverage under a policy of insurance issued to him by plaintiff Farmers Insurance Group (Farmers). We affirm the judgment.

Facts

Koberg suffered injuries as a passenger in a “dune buggy” when it overturned while driven by its owner, Allen Blankers, across sand dunes at Pismo Beach, California.

Blankers purchased the dune buggy in 1975, and began using it in 1977. He registered it as an “off-road vehicle.” It was constructed out of steel tubing with an engine, transmission and four seats. The passenger area was open with a roll bar across the top. It had headlights and taillights, but no fenders, exhaust system, or muffler. Blankers said that he purchased the vehicle for “recreational off-road use” and that it was his intent to use the vehicle only in off-road areas and not on freeways, public access roads or public streets. He drove the vehicle only on beaches and open desert areas and used a trailer to transport it from his house to such places.

Koberg looked to Farmers, his insurance carrier, for medical insurance coverage for his injuries. Farmers filed a declaratory relief action…