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Brice v Auto Club Insurance Association; (COA-UNP, 8/12/1992; RB #1561)


Michigan Court of Appeals; Docket No. 135741; Unpublished 
Judges Neff, Gribbs, and Cavanagh; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   

Not Applicable

Private Contract (Meaning and Intent) 
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General  
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits   

In this unanimous per curiam unpublished Opinion, the Court of Appeals reversed the trial court interpretation of Auto Club's uninsured motorist policy and determined that an exclusion contained in the uninsured motorist coverage required that coverage be supplied by the insurer of the vehicle in which plaintiff’s decedent was a passenger, rather than Auto Club which insured a vehicle owned by decedent's brother, with whom decedent was living.  

Decedent Brice was killed while a passenger in a Dodge truck involved in a motor vehicle accident with an uninsured vehicle. The Dodge truck was insured by Liberty Mutual which contained uninsured motorist coverage. At the time of the accident, decedent was living with his brother who owned another vehicle that was insured by defendant, Auto Club. That policy also had an uninsured motorist provision. 

The issue on appeal concerned interpretation of Auto Club's uninsured motorist provision which excluded coverage for injuries sustained "while occupying a motor vehicle which provides the same or similar coverage for you or a relative." The court interpreted this language to preclude coverage since decedent, a relative of the insured under the Auto Club policy, was occupying a motor vehicle which did provide uninsured motorist coverage through Liberty Mutual.  

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