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Gurwin v Alcodray; (COA-PUB, 7/19/1977; RB #40)

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Michigan Court of Appeals; Docket No. 30504; Published    
Judges Maher, N. J. Kaufman, and Brochard; Unanimous; Per Curiam   
Official Michigan Reporter Citation: 77 Mich App 97; Link to Opinion alt   


STATUTORY INDEXING:
Not Applicable

TOPICAL INDEXING:
Legislative Purpose and Intent
Motor Vehicle Code (Financial Responsibility Act) (MCL 257.501, et seq.)    


CASE SUMMARY:
Another panel of the Court of Appeals rejected the holding of the Peckham decision (cited above). Holding absolutely to the contrary of Peckham, the court held that family exclusion clauses preventing members of an insured's household (in this case, the insured's son) from recovering under the insured's liability insurance policy are no longer enforceable in Michigan. The Court reasoned that:

"An owner's policy of liability insurance, if certified as proof-of financial responsibility, must comply with the statutory requirements... exclusions that cause a certified policy to deviate from statutory requirements are barred... since MCLA 257.520(b)(2) requires that a liability imposed by law, and parental immunity no longer exists in Michigan... the exclusion under consideration can have no effect."


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