Michigan Court of Appeals; Docket No. 129375; Published
Judges McDonald, Brennan, and Jansen; Unanimous; Per Curiam
Official Michigan Reporter Citation: 190 Mich App 120; Link to Opinion 
STATUTORY INDEXING:
Liability Policy Exclusions for Owned and Non-Owned Vehicles [§3131]
Liability Exclusions Prohibiting Stacking of Coverages [§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 stacking of residual liability coverages under three policies on three automobiles not involved in the accident.
This case stems from a collision between an automobile and a motorcycle. Both vehicles were insured through defendant. In addition, the father of the driver of the automobile had two motor vehicle policies issued on two other automobiles insured through defendant State Farm. The motorcyclist had another policy on another automobile also issued through State Farm. Plaintiff, a passenger on the motorcycle, sought recovery under all five policies. State Farm conceded liability under the policies written for the motorcycle and the car involved in the accident and therefore paid plaintiff the coverage limits on those two policies.
In reversing the trial court's ruling with regard to stacking of the additional coverages, the Court of Appeals held that the policies on the three automobiles not involved in the accident unambiguously precluded coverage in this case. The court held that the language of the insurance contract provided that coverage was excluded when the accident involved the use of a vehicle owned by "you, your spouse or relatives" unless the vehicle is the car which is described in the definitional section of the insurance policy as the vehicle described on the declarations page. Therefore, coverage was precluded on the policies issued on the other three vehicles not involved in the accident.
