Michigan Court of Appeals; Docket No. 92403; Unpublished
Judges Shepherd, Kelly, and Forster; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Casualty Insurance Policies – Minimum Coverages and Required Provisions (MCL 500.3009)
CASE SUMMARY:
In this 2-1 per curiam Opinion with Judge Kelly dissenting, the Court of Appeals remanded the case to the trial court for a further evidentiary hearing to determine whether the Auto Club had mailed the appropriate insurance policy documents to its insured notifying the insured that his grandson was an excluded driver. In order to properly effectuate an exclusion of liability coverage, Auto Club must comply with §3009(2) which requires that a special notice of the exclusion appear on the face of the policy or the declaration page and on the certificate of insurance. It was not clear whether or not the documents sent by Auto Club to its insured complied with this provision. Therefore, additional discovery was ordered by the Court.
Judge Kelly dissented on the basis that Auto Club had two and a half years to prove compliance with the statute. It had not done so, therefore, summary judgment against Auto Club should be affirmed.
