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Allstate Insurance Company v State Farm; (COA-UNP, 9/13/1984; RB #779)

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Michigan Court of Appeals; Docket No. 75579; Unpublished    
Judges R.B.I. Burns, Holbrook, and Deneweth; Unanimous; Per Curiam  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Determination of Domicile [§3114(1)]  
Resident Relatives [§3114(1)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:    
In this unanimous per curiam Opinion dealing with the domicile of an emancipated minor, the Court of Appeals relied upon MCLA 722.4 and ruled that the emancipation of a minor may be achieved by "implication." Thus, a minor who sustained serious injuries in an automobile accident was held to be emancipated and not domiciled in her parents' home where she had moved out of her parents' home at the age of 16, received no financial support from her parents, had been removed from her parents' insurance policy and was not in any way under the custody or control of her parents.

The case also held that no matter what the nature of the evidence or findings on appeal, the correct standard of review is one which an appellate court may only reverse the trial court where the ruling was "clearly erroneous."


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