Michigan Supreme Court; Docket No. 127871
Unanimous; Justices Kelly and Cavanagh concurring in result only
Official Michigan Reporter Citation: 474 Mich. 987, Opinion not available 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
After ordering oral argument on the Application for Leave to Appeal on September 29, 2005, the Supreme Court, in a unanimous opinion, Justices Kelly and Cavanagh concurring in the result only, reversed the judgment of the Court of Appeals and the summary disposition orders of the Wayne County Circuit Court, and remanded for entry of an order granting third-party defendant Auto-Owners Insurance Company’s motion for summary disposition. The court held:
“The unambiguous language . . . of the insurance policy does not extend liability coverage to the vehicle the third-party plaintiff was operating. . . . Coverage cannot be based on the language . . . of the policy, because the language of that provision excludes coverage and does not create coverage. See Auto-Owners Insurance Company v Harrington, 455 Mich 377 (1997).”
