Nationwide Mutual Insurance Companies v. Lagodinski

MARING, Justice,

concurring in the result.

[¶ 38] In ¶ 13 of the majority opinion, we appear to do some fact-finding by stating that the Kenworth tractor was “not adapted exclusively for farm purposes.” Under N.D.C.C. § 39-04-18, if the Ken-worth tractor was a “farm tractor” as defined under N.D.C.C. § 39-01-01, it would not need to be registered. I do not know why the Kenworth tractor cannot be a “farm tractor.” Many farmers use tractors such as that to haul wheat, potatoes, sugar beets, etc. As long as the tractor does not leave the “insured premises,” it should fit the exception to the exclusion. In ¶ 20, I feel we are fact-finding again when we say the primary purpose of a Kenworth tractor is to transport cargo for long distances.

[¶ 39] I am of the opinion that a Ken-worth tractor could be a “tractor” and not subject to registration, but that the exception to the exclusion requires it be used exclusively on “insured premises.” The accident, however, occurred on a public highway and not on “insured premises,” and therefore, I concur in the result.

[¶ 40] Mary Muehlen Maring.