Michigan Court of Appeals; Docket #231103; Unpublished
Judges Murray, Sawyer and Zahra; unanimous; per curiam
Official Michigan Reporter Citation: Not Applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals upheld denial of uninsured motorist benefits to a plaintiff who was injured when struck by her own vehicle, where her insurance policy excluded coverage for injuries caused by a vehicle owned by the insured.
Plaintiff owned a vehicle that was insured under a policy issued by CNA. The policy included uninsured motorist benefits. While inside a gas station, a thief attempted to steal her vehicle. Plaintiff reached her vehicle and attempted to grab the outside mirror, in the process falling to the ground and receiving severe injuries. Plaintiff then sought payment of uninsured motorist benefits under her own policy. CNA denied coverage on the basis that her injuries were not caused by the operator of an “uninsured motor vehicle” as defined in the policy. The policy defined an uninsured motor vehicle as a vehicle to which no insurance applied, or to which insurance applied but for which coverage had been denied. However, the definition of an uninsured vehicle further stated that it “did not include any vehicle owned by the insured or insured under the policy.”
The Court of Appeals held that this definition of uninsured motor vehicle did not allow the insured to classify her vehicle as both insured and uninsured at the same time. Reading the definition as a whole, plaintiff’s vehicle did not qualify as an uninsured motor vehicle.
