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Citizens Insurance Company of America v Brown; (COA-UNP, 10/17/1990; RB #1424)


Michigan Court of Appeals; Docket No. 120339; Unpublished  
Judges Maher, Sullivan, and Riley; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  

Liability Policy Exclusions for Owned and Non-Owned Vehicles [§3131]

Private Contract (Meaning and Intent)   

In this unanimous per curiam Opinion involving the definition of "owned and non-owned automobiles" in an auto liability policy, the Court of Appeals ruled that the owner of a vehicle insured by Auto Club was not also entitled to liability coverage under a policy issued by Citizens that covered three other vehicles jointly owned by said owner and his wife. None of the three vehicles insured by Citizens were involved in the subject accident. The court gave full force and effect to definitional language contained in the Citizens policy and ruled that the vehicle which was insured under the Auto Club policy was neither an "owned automobile" nor a "non-owned automobile" as those terms are defined in the policy. The court refused to follow the result in the Supreme Court's decision in Powers v DAIIE (Item No. 979) on the basis that, "Powers is a plurality opinion and, therefore, is not binding precedent for the case before us." In addition, the court noted, "None of the cases consolidated in Powers involved a situation like the one in this case, i.e., one in which coverage was sought for the owner of an automobile which was insured under a separate insurance policy with a different insurance company."

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