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Pagotelis v Aetna Casualty & Surety Company; (COA-UNP, 7/12/1990; RB #1390)


Michigan Court of Appeals; Docket No. 112858; Unpublished  
Judges Kelly, Wahls, and Sawyer; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  

Not Applicable

Evidentiary Issues  
Private Contract (Meaning and Intent)   

In this unanimous per curiam Opinion, the Court of Appeals affirmed a jury verdict for plaintiff in a trial involving the interpretation of a "non-owned automobile" clause in Aetna's policy of insurance. In sustaining the verdict, the court held that "since the certificate of title had not been transferred to plaintiff and plaintiff did not have exclusive use of the motor vehicle for a period greater than 30 days, the trial court properly found that plaintiff was not the owner of the motor vehicle." The court also found that the court properly permitted the jury to consider whether or not the motor vehicle was being used in "an automobile business" and whether plaintiff was a resident within the meaning of the policy.  

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