Mikolasick v Kantrow and Citizens Insurance, and Farmers Insurance Exchange (COA-UNP, 08/19/2010; RB #3138)

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Michigan Court of Appeals; Docket #292005; Unpublished
Judges Gleicher, Zahra, and Kelly, unanimous; per curiam
Official Michigan Reporter Citation:  Not applicable, Link to Opinion alt 


STATUTORY INDEXING: 
Not applicable

TOPICAL INDEXING: 
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits
Underinsured Motorist Coverage   


CASE SUMMARY: 
In this unanimous unpublished per curiam opinion, the Court of Appeals denied underinsured motorist benefits to plaintiff under his personal automobile policy with Farmers Insurance where plaintiff was driving his wife’s vehicle which was insured by Citizens Insurance Company.  Plaintiff’s underinsured policy with Farmers contained an exclusion which stated that the underinsured motorist coverage did not apply to bodily injury sustained “while occupying any vehicle owned by you or a family member for which insurance is not afforded under this policy . . .”  Because plaintiff’s wife’s vehicle was not insured under plaintiff’s policy with Farmers, he was clearly barred by this exclusion.  Accordingly, the Court of Appeals affirmed summary disposition in favor of defendant Farmers.