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Auto-Owners Insurance Company v Winter and Brown; (COA-PUB, 4/1/1991; RB #1465)


Michigan Court of Appeals; Docket No. 118264; Published  
Judges Weaver, Gillis, and MacKenzie; Unanimous; Opinion by Judge Weaver  
Official Michigan Reporter Citation:  188 Mich App 230; Link to Opinion alt   

Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]

Private Contract (Meaning and Intent)   

In this unanimous Opinion written by Judge Weaver, the Court of Appeals held that where an insured policyholder failed to notify his insurance company that he had acquired a new vehicle within 30 days of its acquisition and where he failed to pay an additional premium as required by the policy, his insurance company was not obligated to provide liability coverage when that vehicle was subsequently involved in a fatal accident. The court relied upon the fact that the insurance policy in question required that the insured person give notice within 30 days of the acquisition of a new vehicle and pay an additional premium in order for that vehicle to be insured under the "newly acquired automobiles" clause. Where there was non-compliance with the conditions listed in the policy, there was no coverage afforded for an accident involving the newly acquired automobile that occurred within 30 days of its acquisition.  

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