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Auto Owners Insurance Company v Estate of Johnson; (COA-PUB, 1/25/1990; RB #1336)

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Michigan Court of Appeals; Docket No. 112323; Published  
Judges Maher, Holbrook, Jr., and Sawyer; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  184 Mich App 686; Link to Opinion alt   


STATUTORY INDEXING:   
Not Applicable

TOPICAL INDEXING:  
Underinsured Motorist Coverage: Underinsured Motorist Coverage in General  
Underinsured Motorist Coverage: Exclusions from Underinsured Motorist Benefits  
Underinsured Motorist Coverage: Arbitration of Underinsured Motorist Claims 
Uninsured Motorist Benefits: Arbitration of Uninsured Motorist Claims  
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General  
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits   


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court’s holding that there was no coverage for uninsured or underinsured motorist benefits under the facts of this case, where the insured's decedent was driving her husband's uninsured automobile at the time of the fatal accident.

Auto Owners had an "owned vehicle exclusion" which the Court of Appeals held was valid and enforceable. The exclusionary language provided that coverage was excluded for bodily injuries sustained by an insured "while in, upon, entering or alighting from any motor vehicle owned by the named insured [or] spouse . . . unless a premium charge for this coverage is shown in the declarations for such vehicle." It was undisputed that the insured's spouse was driving her husband's automobile at the time of the fatal accident. That automobile was not listed on the declarations page, and no premium was paid for it. The Court of Appeals held that the policy language provided no reasonable expectation that coverage would be forthcoming under the circumstances.  

The court further held that the arbitration clause in the policy did not require arbitration of the coverage issue.  


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