Michigan Court of Appeals; Docket #258695; Unpublished
Judges Neff, Saad, and Bandstra; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Uninsured Motorist Benefits in Motorcycle Accidents
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed summary disposition for defendant insurance company, finding that plaintiff, who was injured in a motorcycle accident, was not entitled to uninsured motorist coverage under the owned vehicle exclusion contained in defendant’s policy. Plaintiff was injured while riding his motorcycle and sought benefits under the uninsured motorist provision in a no-fault policy that covered a vehicle he owned in the name of his business. Defendant refused to pay benefits under the policy’s named vehicle exclusion. In affirming the trial court’s decision, the Court of Appeals noted that a policy exclusion eliminated coverage where a named individual is occupying another vehicle the individual owns that is not covered by the policy. Therefore, because plaintiff’s injury occurred while he was driving his motorcycle which was not covered by the policy, coverage is excluded. In this regard, the court stated, “The exclusion at issue, . . . eliminates coverage where an ‘individual Named Insured’ is occupying another vehicle he owned that is not a covered auto under the policy. Because plaintiff was driving a motorcycle he owned for personal use and that motorcycle was not covered under the policy, coverage is excluded.” Moreover, the court added, it is irrelevant that plaintiff had a reasonable expectation of coverage, because cases which have recognized the rule of reasonable expectation have been overruled.
