Michigan Court of Appeals; Docket No. 63998; Published
Judges Maher, MacKenzie, and Breighner; Per Curiam with Judge Mackenzie
Official Michigan Reporter Citation: 129 Mich App 631; Link to Opinion 
STATUTORY INDEXING:
Definition of Owner [§3101(2)(h)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This is another decision (per curiam with Judge MacKenzie concurring separately) that deals with "non-owned vehicle exclusions." The question in this case was whether the driver of an uninsured vehicle which was involved in an accident (Szymanski) was to be considered a legal owner of that vehicle at the "time of the accident for purposes of determining whether or not he was excluded from liability under the "non-owned vehicle" exclusion which was contained in a policy of insurance issues relative which whom Szymanski resided. If Szymanski was the owner, he would be excluded non-owned vehicle exclusion.
The vehicle in question was registered to an individual named Elwart who was also the titleholder. Elwart had agreed to sell the vehicle to Szymanski for $100. Szymanski had paid $60 on the purchase price and the car had been delivered to Szymanski's residence. However, Elwart had not transferred title to Szymanski because he could not locate it. He had also not registered the sale with the Secretary of State.
The Court of Appeals held that Szymanski was not the owner because Elwart had not properly transferred the certificate of title before the date of the accident. The sale to Szymanski was therefore void and Elwart remained the owner. The Court stated, "we hold that, at the time of the accident, a sale of a motor vehicle which did not include a transfer of the certificate of title as required by the statute was void. Under such circumstances the seller remained the owner.” Therefore, summary judgment in favor of the liability insurer was improper.
