Michigan Court of Appeals; Docket No. 164029; Unpublished
Judges White, Holbrook, and Schaefer; Unpublished; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General
Private Contract (Meaning and Intent)
CASE SUMMARY:
This unanimous unpublished per curiam Opinion deals with an uninsured motorist claim and reverses the trial court's grant of summary disposition to the defendant uninsured motorist insurer. Plaintiff was the president of a closely held corporation. She owned a 1988 Chevrolet Van which was titled in her name, but used for company business. This van was insured under a corporate automobile insurance policy issued by defendant. The driver causing the accident was uninsured. Plaintiff claimed uninsured motorist benefits under the corporate policy covering the vehicle. The defendant insurance company denied payment of uninsured motorist benefits under the policy because the policy was issued to the corporation and the corporation did not own the 1988 Chevrolet Van— the plaintiff was the owner of this vehicle. Therefore, defendant argued that there was no uninsured motorist coverage under the policy.
The court held that the circuit court erred by granting summary disposition in favor of the defendant. The court noted, "uninsured motorist benefits are not required by statute. Thus, the coverage is governed by the language of the specific insurance policy . . . . Insurance contracts should be read and interpreted as a whole . . . .Review of the entire policy shows an ambiguity regarding whether plaintiff’s van was considered 'owned' by [the corporation] for the purposes of the policy . . . . The policy did not define 'owned,' and title is not the exclusive indication of ownership. There can be more than one owner." Therefore the matter was reversed and remanded to the trial court for further proceedings to determine whether the van was "owned" by the corporation or the plaintiff.
