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Rathbone v Warren and Auto Owners Insurance Company; (COA-UNP, 10/26/1992; RB #1579)


Michigan Court of Appeals; Docket No. 127817; Unpublished  
Judges Marilyn Kelly, McDonald, and Allen; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   

Not Applicable

Private Contract (Meaning and Intent)  
Evidentiary Issues  

In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed a garnishment action against Auto Owners Insurance Company on a judgment awarding plaintiff $25,000 in damages. Plaintiff claimed that defendant Todd Warren was a resident of his grandparents' home and thus covered under an automobile insurance policy issued by Auto Owners to the grandparents. At trial, plaintiff presented documentary evidence establishing that Warren continuously listed his address as his grandparents' residence. The court noted, "a person's use of a given address on his or her driver's license and other official documents may be considered as an indication of the place of his or her residence." the trial judge concluded that contrary testimony by Warren's grandmother was not believable and therefore ruled that Warren was a resident of his grandparents' home and thus entitled to coverage under the Auto Owners policy. The Court of Appeals refused to disturb the ruling, indicated that it would give deference to the trial court's opportunity to hear the witnesses and to assess credibility.  

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