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Bowers v Auto Club Insurance Association and Whittaker; (COA-UNP, 12/13/1996; RB #1909)

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Michigan Court of Appeals; Docket No. 187617; Unpublished   
Judges Jansen, Reilly, and Sosnick; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Exception for Employer Provided Vehicles [§3114(3)]

TOPICAL INDEXING:   
Not Applicable    


CASE SUMMARY:   
In this per curiam unpublished decision, the Court of Appeals held that plaintiff was not entitled to no-fault first party coverage under a policy that named plaintiffs employer as the named insured, where the subject accident did not involve the employer's vehicle.

Plaintiff apparently had the use of a company owned vehicle. The defendant issued a policy of insurance on the company vehicle which listed the business as the named insured. Plaintiff was injured as a passenger in an automobile accident that did not involve the company owned car. However, she sought no-fault first party coverage under the policy issued by defendant on the company owned vehicle, arguing that she was an insured person under the policy.

Since the plaintiff was not a named insured under the defendant's policy, she was not entitled to no-fault coverage for injuries sustained in an accident not involving that vehicle. The court found that she was not entitled to coverage under §3114(1) as that section of the statute provides coverage only to "the person named in the policy, the person's spouse, and a relative of either domiciled in the same household," and only the employer was listed as the "named insured."


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