Title 23 section 3101, subsection 9 states:

9.  Insurance.  A road association under this subchapter may purchase liability insurance to defend and indemnify the road association's officers, directors and owner members for any and all claims of liability or violation of law concerning the private road, private way or bridge and may include the costs of such insurance in the determination of each owner's share of the total cost under subsection 5.  

If you have purchased such insurance, I would think that would cover it - but I would check with your insurance agent to be sure.  If you have not purchased such insurance, I believe that the general liability protection under section 3101, subsection 7 would NOT cover it.  Our road association got its insurance policy through Oberg, and we are pleased with their efforts to find us good coverage for a low price.