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Watson v Colonial Penn Insurance Company; (COA-UNP, 7/24/1989; RB #1279)

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Michigan Court of Appeals; Docket No. 108182; Unpublished    
Judges Sullivan, Gribbs, and Doctoroff; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:    
Scope of Mandated Coverages [§3131(1)]    
Liability Exclusions Prohibiting Stacking of Coverages [§3131]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:    
In this unanimous per curiam Opinion, the Court of Appeals denied plaintiff’s attempts to stack coverages on two vehicles, both of which were insured under a single automobile liability policy. The policy in question covered two cars owned by Mr. Holland, with Mrs. Holland included as a named insured. Mrs. Holland was driving one of the vehicles that was involved in the subject accident. The policy contained an "other insurance" clause that was located in the "Conditions" section of the policy. Plaintiff’s counsel conceded that the actual language of the other insurance clause was clear and unambiguous. The only objection to it was that it was allegedly "hidden" in the conditions section of the policy. The court disagreed with this "deceptive placement" theory for the reason that, "In this case, however, page 2 of the policy contains a table of contents which lists each section, including ‘other automobile insurance in the company.' In view of the clear listing at the beginning of the policy, we reject plaintiffs claim that the 'other insurance' clause here is deceptively placed and impossible to find."


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