Michigan Court of Appeals; Docket Nos. 160070 and 162898; Unpublished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
In this unanimous per curiam unpublished Opinion, the Court of Appeals upheld a grant of declaratory judgment in favor of plaintiff Hertz against Defendant Auto Owners in a case involving coverage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.