Michigan Court of Appeals; Docket No. 59237; Published
Judges Brennan, Riley, and Payant; Unanimous; Per Curiam
Official Michigan Reporter Citation: 119 Mich App 103; 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:
Relying upon the Supreme Court's opinion in State Farm v Ruuska, item number 290, this panel of the Court of Appeals held that a "non-owned automobile" exclusion was invalid, and thus did not apply to deprive a mother of liability coverage under her own policy when she was operating an uninsured vehicle owned by her daughter who resided in the same household. In so holding, the court discussed the fact that the four justices of the Supreme Court who had voted to invalidate such exclusions did so for different reasons. Three of them ruled that such an exclusion was repugnant to the clear directive of the No-Fault Act requiring a no-fault policy to provide residual liability coverage for the use of a motor vehicle. However, the fourth justice (Justice Levin) found such a clause to be unenforceable because it appeared in the definitional section of the policy rather than the exclusion section. This panel did not elaborate on which rationale it was basing its decision upon.
