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Michigan Millers Mutual Insurance Company v May; (COA-UNP, 5/24/1996; RB #1857)

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Michigan Court of Appeals; Docket No. 175968; Unpublished   
Judges Michael Kelly, Bandstra, and Miller; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  


STATUTORY INDEXING: 
Not Applicable

TOPICAL INDEXING: 
Cancellation and Rescission of Insurance Policies  


CASE SUMMARY: 
In this unanimous unpublished per curiam Opinion, the Court of Appeals held that plaintiff Michigan Millers was entitled to rescind its no-fault policy where the defendant was not an innocent third party in a situation where defendant's mother, with the defendant's "tacit approval misrepresented that she would be the principal driver of the vehicle, and thus was able to obtain the insurance necessary to allow [the defendant] to have a vehicle to drive. We do not find, based upon our review of the record in this case that the factual findings underlying this decision were clearly erroneous.. .nor do we conclude that the trial court erred as a matter of law in determining that, as a result of those findings, [the defendant] was not an innocent third party entitled to the protections afforded by Michigan law."


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