Michigan Court of Appeals; Docket No. 120803; Published
Judges MacKenzie, McDonald, and Murphy; Unanimous; Per Curiam
Official Michigan Reporter Citation: 189 Mich App 535; Link to Opinion 
STATUTORY INDEXING:
Liability Policy Exclusions for Owned and Non-Owned Vehicles [§3131]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals upheld enforceability of an owned/non-owned vehicle exclusion so as to prevent the owner/driver of an insured automobile from claiming liability coverage under his resident parent’s liability insurance policy.
In this case, Curt Steere was driving a vehicle, which he owned and which was registered and insured in his name at the time of the accident. On the date of the accident, Steere resided with his parents. His parents also owned three vehicles and were the only named insureds under separate insurance policies issued by State Farm on each of those vehicles. The trial court ruled that the three policies issued to Steere's parents did not cover Steere's liability for the deaths of defendant's decedents in the accident.
In affirming the trial court, the Court of Appeals held that the Powers v DAIIE, All Mich 602 (1986) case was a plurality opinion and not binding. Further, the court held that none of the cases decided in Powers involved a situation where coverage was sought for the owner of a separately insured automobile under a policy covering a resident relative's automobiles. Thus, the reasoning of Powers is not controlling.
The Court of Appeals held that the trial court did not err in ruling that the language of the policy was unambiguous in excluding coverage for Steere's operation of a motor vehicle in his name and not included on the declarations page of the policy.
