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Toth v Auto-Owners Insurance Co; (COA-UNP, 6/15/1999; RB #2065)

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Michigan Court of Appeals; Docket No. 208735; Unpublished   
Judges Sawyer, Murphy, and Talbot; Unanimous; Per Curiam   
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:   
Not Applicable

TOPICAL INDEXING:   
Garage Keeper’s Liability Act (MCL 256.541, et seq.)    


CASE SUMMARY:   
In this unanimous per curiam unpublished Opinion, the Court of Appeals held that a “garage liability policy" did not provide coverage for injuries sustained in an automobile accident involving an automobile owned by the insured, where the policy specifically limited coverage to the ownership, maintenance, occupation or use of the "premises for the purposes of an automobile repair shop... including the use for any purpose in connection with the foregoing of any automobile not hired, registered or owned in whole or in part by the named insured, any partner or officer thereof."  

The Court of Appeals held that since the insured in fact owned the automobile involved in the accident, the clear wording of the garage liability policy precluded coverage. The Court of Appeals held that the trial court's determination that the wording of this policy was ambiguous was incorrect, and in fact held that the policy language was clear in its statement of hazards insured, and that the declarations page in fact indicated that the insured had only purchased the “Garage Liability-Division II” which covered the hazards related to the purposes of the automobile repair shop, including the use of automobiles “not hired, registered or owned” by the insured.


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