Michigan Court of Appeals; Docket No. 55450; Published
Judges Kaufman, Brennan, and Tahvonen; Unanimous
Official Michigan Reporter Citation: 114 Mich App 6; Link to Opinion 
STATUTORY INDEXING:
Scope of Mandated Coverages [§3131(1)]
Liability Policy Exclusions for Owned and Non-Owned Vehicles [§3131]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Brennan, the Court of Appeals specifically relied on the recent opinion of the Supreme Court in State Farm v Ruska (item number 487) and held that plaintiff, DAIIE, could not enforce the "nonowned automobile" exclusion provision of its policy, and was thus liable to provide residual liability coverage under a policy issued to defendant. At the time of the accident in question, defendant was operating an uninsured vehicle owned by a person who was a "continuous resident of the same household" as defendant The Court found that the "nonowned vehicle" exclusion in the present case was substantially the same as the one invalidated by the Supreme Court in Ruska and that the facts were not distinguishable. The Court did not specifically comment as to whether or not such "nonowned vehicle" exclusions were void per se under the No-Fault Act, or whether they could be valid if properly and unambiguously drafted.
