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Duncan v Standard Auto Sales; (COA-UNP, 8/10/1990; RB #1397)

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Michigan Court of Appeals; Docket No. 117346; Unpublished  
Judges MacKenzie, Sawyer and Doctoroff; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  


STATUTORY INDEXING: 
Not applicable

TOPICAL INDEXING: 
Cancellation and Rescission of Insurance Policies  
Equitable Estoppel   


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals held plaintiff was not entitled to recover no-fault benefits because his 30-day insurance policy with defendant insurance company expired five days before his accident. When plaintiff purchased his car, he purchased a 30-day no-fault insurance policy through defendant. Before the expiration of this 30-day policy, plaintiff purchased what he thought was AAA insurance but which was actually phony coverage. The 30-day policy lapsed by its terms and five days after purchasing the bogus AAA policy, plaintiff sustained severe injury. The court affirmed the trial court's summary disposition in favor of defendant on the basis there was no evidence that plaintiff purchased anything more than a 30-day policy from defendant and that defendant did nothing to induce plaintiff into believing anything to the contrary. Therefore, plaintiff could not properly rely upon the doctrine of estoppel because there was no support in the record for the conclusion that plaintiff relied on any representations by defendant that he would continue to be covered beyond the initial 30 day period.  


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