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De Maria v Auto Club Insurance Association; (COA-PUB, 10/15/1987; RB #1085)

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Michigan Court of Appeals; Docket No. 99820 (on remand); Published    
Judges Cynar, Walsh, and Holbrook; Unanimous; Per Curiam  
Michigan Official Reporter Citation: 165 Mich App 251; Link to Opinion alt   


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:
Private Contract (Meaning and Intent)    


CASE SUMMARY:   
In this unanimous per curiam Opinion, the Court of Appeals adopted the reasoning in Chief Justice Williams' opinion in Powers v DAIIE (Item No. 979) and ruled that the liability insurance coverage of an uninvolved motor vehicle may be applicable to an accident if the language of the insurance policy covering that vehicle so provides or if the language is ambiguous. However, the Court strictly enforced another provision of the insurance policy covering the uninvolved vehicle which unambiguously stated that regardless of the number of automobiles insured under the policy, if the policy applies to a particular loss, then only the coverage for one car is applicable. Thus, even though the policy on an uninvolved vehicle may apply, the insurance from only one vehicle under that policy will be applicable.


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