Michigan Court of Appeals; Docket No. 78-256; Published
Judges Bashara, Brennan, and Maher; Unanimous; Opinion by Judge Bashara
Official Michigan Reporter Citation: 89 Mich App 372; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a unanimous Opinion written by Judge Bashara, the Court of Appeals held that on the authority of the Supreme Court's decision in State Farm v Sivey (item number 151) a family exclusion clause which denied liability coverage to a child accidentally killed when struck by her father's car, was invalid and violative of public policy. The Court of Appeals held that the Supreme Court's decision in Sivey, holding that an exclusion of a named insured in an automobile insurance policy contravened public policy, was not limited only to accidents occurring prior to the amendment of the Motor Vehicle Accident Claims Act and those accidents occurring since the passage of the no-fault statute. The accident in this case occurred on September 3, 1973.