Michigan Court of Appeals; Docket #226002; Unpublished
Judges Sawyer, Smolenski and Whitbeck; 2-1 (Judge Sawyer dissenting); per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this 2-1 unpublished per curiam opinion, the Court of Appeals upheld the trial court finding that Allstate was obligated to provide coverage under its policy, and that an exclusion of coverage for an insured driving a “non-owned automobile” that is “available” to the insured “for regular use” did not preclude coverage in this case under these facts. The question in this case concerned whether a Bronco automobile was available for the regular use of Nathan Boravich so as to result in an exclusion of coverage for an insured driving a non-owned automobile that is available for his regular use. The court stated that in order for Nathan’s use to trigger the exclusion, it must have been “normal” and “consistent” or frequent. Noting the “exceedingly poor repair” of the vehicle for many months prior to the accident, the court described it as the quintessential “junker” stored on rural property. From these facts, the Bronco could not have been available for Nathan’s normal use.
In his dissent, Judge Sawyer pointed out that Nathan’s father left the keys in the Bronco’s ignition so Nathan could use it whenever he desired, and that he did not need to request permission each time he used it. Regarding the condition of the vehicle, Judge Sawyer contends that “nothing is pointed to that any automobile owner does not have to occasionally do, such as replace a battery, replenish fluids, and add air to a tire.” Judge Sawyer would thus conclude that the exclusion applies.
