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Faraj v Auto Club Insurance Association; (COA-UNP, 7/16/1996; RB #1863)

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Michigan Court of Appeals; Docket No. 178769; Unpublished  
Judges Gribbs, Saad, and Adair; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:  
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General  
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits  
Private Contract (Meaning and Intent)   


CASE SUMMARY:   
This unanimous unpublished per curiam Opinion upholds an exclusion in an uninsured motorist provision in defendant's policy. The provision in question specifically excluded bodily injury sustained by any person while occupying a motor vehicle furnished by his or her employer and operated in the course of his or her employment However, the exclusion does not apply if the vehicle is, as the policy describes, "your car." The term "your car" is defined as the vehicle which is described on the declaration certificate. The court held that this exclusion prohibited plaintiff from recovering uninsured motorist benefits under the policy when he was injured while occupying a taxicab that was leased to him by his employer. The taxicab was not listed on the declaration sheet and, therefore, does not come within the meaning of the phrase "your car," exempting it from the exclusion. The court also rejected plaintiff’s argument that the taxicab was not "furnished" by his employer, because the vehicle was leased. The court held that leasing comes within the common meaning of the term "to furnish" and therefore is within the exclusion.


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