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Hertz Corporation v Auto Club Insurance Association and Auto Owners Insurance Company and Hertz Corporation v Smith and Auto Club Insurance Association and Auto Owners Insurance Company; (COA-UNP, 10/5/1994; RB #1738)


Michigan Court of Appeals; Docket Nos. 160070 and 162898; Unpublished  
Judges Murphy, McDonald, and Brouillette; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    

Not Applicable

Leased / Rented Vehicles  
Private Contract (Meaning and Intent)    

In this unanimous per curiam unpublished Opinion, the Court of Appeals upheld a grant of declaratory judgment in favor of plaintiff Hertz against Defendant Auto Owners in a case involving coverage questions where the insured was operating a motor vehicle "not owned by the named insured while temporarily used as a substitute."  

The court held that the driver of the vehicle was an insured under a policy issued by Auto Owners. The court rejected Auto Owners' contention that the vehicle involved in the accident did not qualify as an insured vehicle. Although the vehicle was not a scheduled vehicle listed on the policy declaration, the Court of Appeals held that the trial court did not err in finding the vehicle qualified as a substitute vehicle under the policy language.

Lansing car accident lawyer Stephen Sinas is the lead editor of the appellate case summaries published on this site regarding the Michigan auto insurance law. To learn more about how Stephen Sinas and how the Sinas Dramis Law Firm can help you if you have been injured in a Michigan auto accident, visit

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