Michigan Court of Appeals; Docket No. 158313; Unpublished
Judges Doctoroff, Murphy, and Cynar; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Motor Vehicle Code (Civil Liability of Owner) (MCL 257.401)
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals reversed the trial court's grant of summary disposition in favor of the insureds, holding that a question of fact existed as to whether liability coverage is provided to certain relatives of the named insured, and as to whether coverage is precluded under a non-permissive use exclusion.
The case apparently involved claims for coverage by children of the named insureds. The policy provided that coverage extends to "any relative with respect to a non-owned, private passenger automobile not regularly furnished for the use of such relative." The Court of Appeals held that a question of fact existed as to whether the vehicle being driven at the time of the accident was regularly furnished to a non-custodial parent of the named insured when the use of the vehicle was on an occasional basis. Furthermore, a question of fact existed as to whether use of the non-owned vehicle was permissive, because if not, coverage was specifically excluded under the policy. Accordingly, the Court of Appeals held that summary disposition was improperly granted in favor of coverage.
