United States District Court, Western District of Michigan; Docket No. 1:90:CV:800;
Honorable Richard A. Enslen; Unpublished
Official Federal Reporter Citation: Not Applicable; Link to Opinion
Liability Policy Exclusions for Owned and Non-Owned Vehicles [§3131]
Private Contract (Meaning and Intent)
In this written Opinion interpreting liability insurance policy exclusions, Judge Enslen held that an insurance policy issued by Allstate to Linda King covering her 1978 Impala did not extend liability coverage to her husband, Mark King, when he was involved in an accident driving his 1984 Pontiac Bonneville which was separately insured by Horace Mann Insurance Company. Judge Enslen found that the only "fair" reading of the exclusions section precludes extending coverage to non-listed vehicles that are owned by or regularly available for the use of other family members. Judge Enslen stated, "This insurance policy was sold to Linda King and it covered her Impala. I do not believe that a fair reading which extends it to cover her husband while driving any car he owns is a 'fair' reading. If that were the case, why would the Kings have bothered to have Mark's Pontiac insured by another company at all?"