Michigan Court of Appeals; Docket No. 111382; Published
Judges Brennan, Cynar, and Kelly; 2-1 (with Judge Kelly, Dissenting)
Official Michigan Reporter Citation: 184 Mich App 618; Link to Opinion 
STATUTORY INDEXING:
Liability Policy Exclusions for Business Use [§3131]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this 2-1 decision by Judge Cynar with Judge Kelly dissenting, the Court of Appeals dealt with a liability exclusion for non-owned vehicles "used in any other business or occupation." The insured tortfeasor who was covered by this policy was a volunteer fireman earning less than $1,000 per year. The majority held that under the Webster's Dictionary definitions of occupation and business, the volunteer fireman activity involved in this case did not involve an activity that was "the principal business of his life or was a commercial or mercantile activity customarily engaged in as a means of livelihood." Moreover, the use of those words in a larger phrase dealing with "working in any car business" suggests that the exclusion refers to a principal business or occupation other then a business or occupation in a car-related business.
Judge Kelly dissented on the basis that the exclusion "applies to all occupations and businesses of the insured rather than to only his principal employment."
