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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)

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Michigan Court of Appeals; Docket Nos. 160070 and 162898; Unpublished  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    


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:  
Leased / Rented Vehicles  
Private Contract (Meaning and Intent)    


CASE SUMMARY:  
In this unanimous per curiam unpublished Opinion, the Court of Appeals upheld a grant of declaratory judgment in favor of plaintiff Hertz against Defendant Auto Owners in a case involving coverage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.


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