Michigan Court of Appeals; Docket No. 77-4900; Published
Judges Holbrook, Kelly, and Marutiak; Unanimous
Official Michigan Reporter Citation: 86 Mich App 285; Link to Opinion
In a unanimous Opinion by Judge Holbrook, the Court of Appeals held that an insurance policy provision excluding liability coverage to "any member of the family of an insured residing in the same household as the insured" was void as a matter of law in that it contravened public policy. The Court noted that MCLA 500.3009 authorizes policy exclusions dealing with "named insured" but this did not justify excluding a class of individuals from liability coverage. The Court concluded, "No sound reasoning exists to justify continued recognition of ‘household' exclusions from liability coverage when such recognition would clearly violate the statutorily expressed policy of comprehensive liability coverage."