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The Colorado Court of Appeals, Division One determined that an uninsured motorist provision provided coverage to an insured for bodily injury that was sustained in a car accident with a farm tractor because, based on plain meaning, a tractor is a “motor vehicle” under the uninsured motorist provision. The case is Smith v. State Farm Mut. Auto. Ins. Co., 2017 COA 6, 399 P.3d 771.

Robert Bunker was driving down a country road in a tractor when he collided with a truck drove by Neill Smith. There were hay spears attached to the tractor that impaled Smith, leaving him seriously injured. Bunker plead guilty to careless driving. Smith settled his claim against Bunker for the liability policy limits on Bunkers personal auto policy. The amount recovered failed to fully compensate Smith for his injuries so Smith sought uninsured motorists benefits under the automobile insurance policy he obtained from State Farm Mutual Automobile Insurance Company. State Farm took the position that a tractor was not a covered motor vehicle for purposes of the uninsured motorists coverage policy, so Smith was not technically injured by an underinsured motorist, and denied coverage. Smith sued State Farm. The district court agreed with State Farm and dismissed the claim.

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