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Murphy v Auto Club Insurance Association; (COA-UNP, 6/1/1994; RB #1721)

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Michigan Court of Appeals; Docket No. 133737; Unpublished  
Judges Jansen, Connor, and Ziolkowski; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Liability Policy Exclusions for Owned and Non-Owned Vehicles [§3131]  
Liability Exclusions Prohibiting Stacking of Coverages [§3131]

TOPICAL INDEXING:  
Not Applicable   


CASE SUMMARY:  
In this unanimous unpublished per curiam Opinion, the Court of Appeals refused to permit the stacking of an insurance policy on an uninvolved vehicle owned by the daughter of the driver who caused the accident. The court held that the daughter's insurance policy did not apply to her mother's negligent use of the mother's vehicle, because the daughter's policy contained a standard exclusion for vehicles owned, leased for 31 days or more, or furnished or available for the regular or frequent use of the policyholder or any resident relative, unless the vehicle is described on the declaration sheet or is a replacement or temporary substitute vehicle or trailer owned by the insured. In this case, mother and daughter lived together, therefore the daughter's coverage did not extend to the mother's car. Moreover, the court noted that the policy contained a "anti-stacking provision" which precluded "duplication or pyramiding" of coverages. The court concluded that a nearly identical provision was approved in the earlier case of DeMaria v ACIA (on remand) (Item No. 1085).


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