Robinson v. Mendell

Michigan Court of Appeals

Robinson v. Mendell

206 N.W.2d 537, 45 Mich. App. 368, 1973 Mich. App. LEXIS 1105

CourtMichigan Court of Appeals

DecidedFebruary 26, 1973

DocketDocket 13654, 13655, 13656

StatusPublished

Cited by9 cases

This text of 206 N.W.2d 537 (Robinson v. Mendell) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. Mendell, 206 N.W.2d 537, 45 Mich. App. 368, 1973 Mich. App. LEXIS 1105 (Mich. Ct. App. 1973).

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Opinion

Per Curiam.

Plaintiff brought this action seeking a declaratory judgment that there was coverage under a policy of insurance issued on June 10, 1969 by defendant insurance company to Madice Compton Mendell insuring with public liability coverage a 1964 Plymouth owned by defendant Madice Compton Mendell. The trial court entered a judgment for the defendant insurance company. We reverse.

The facts, which for the purpose of this opinion are accepted as true, are as follows. On Saturday, August 16, 1969, an accident occurred between an automobile driven by defendant Ronald Anthony Waling, Sr., with his wife Mary Waling as a passenger and the 1964 Plymouth automobile owned by Madice Compton Mendell, but driven by her son, William Blaine Compton. At the time of the accident the 1964 Plymouth was insured by defendant insurance company by the policy stated above. Said policy specifically excluded William Blaine Compton from coverage. The Detroit Automobile Inter-Insurance Exchange had also issued to Madice Compton Mendell a certificate of insurance which stated, "This form certifies that a policy has been issued to you covering the described motor vehicle in compliance with the Motor Vehicle Claims Act”. Plaintiff claims that the instant case is controlled by our opinion in Allstate Insurance Co v Motor State Insurance Co, 33 Mich App 469 (1971). Defendant insurance company claims that because of certain factual differences, i.e., that the driver was not a co-owner, that the driver was not a co-insured, that the driver was an adult although living in the household of the insured, and that other insurance is involved, *370 that Allstate, supra, is not controlling. We disagree. In Allstate, supra, pp 473-474, we said:

"To obtain registration for an automobile one must either have a policy of liability insurance or pay the uninsured motor vehicle fee. * * *

"The public policy as delineated by the Legislature requires that the liability policy must be written in conformity with the statutory requirements. The statute does not provide for the type of exclusionary clauses as were contained in the instant policy. Thus, the exclusionary clauses are contrary to the public policy of this state and are therefore invalid and of no effect.”

1971 PA 210, MCLA 500.3009(2); MSA 24.13009(2), was enacted subsequent to the issuance of the policy in question and subsequent to the accident involved, and thus, has no application in this case.

Reversed and remanded for further proceedings consistent with this opinion. Costs to the plaintiff.

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Per Curiam.

Plaintiff brought this action seeking a declaratory judgment that there was coverage under a policy of insurance issued on June 10, 1969 by defendant insurance company to Madice Compton Mendell insuring with public liability coverage a 1964 Plymouth owned by defendant Madice Compton Mendell. The trial court entered a judgment for the defendant insurance company. We reverse.

The facts, which for the purpose of this opinion are accepted as true, are as follows. On Saturday, August 16, 1969, an accident occurred between an automobile driven by defendant Ronald Anthony Waling, Sr., with his wife Mary Waling as a passenger and the 1964 Plymouth automobile owned by Madice Compton Mendell, but driven by her son, William Blaine Compton. At the time of the accident the 1964 Plymouth was insured by defendant insurance company by the policy stated above. Said policy specifically excluded William Blaine Compton from coverage. The Detroit Automobile Inter-Insurance Exchange had also issued to Madice Compton Mendell a certificate of insurance which stated, "This form certifies that a policy has been issued to you covering the described motor vehicle in compliance with the Motor Vehicle Claims Act”. Plaintiff claims that the instant case is controlled by our opinion in Allstate Insurance Co v Motor State Insurance Co, 33 Mich App 469 (1971). Defendant insurance company claims that because of certain factual differences, i.e., that the driver was not a co-owner, that the driver was not a co-insured, that the driver was an adult although living in the household of the insured, and that other insurance is involved, *370 that Allstate, supra, is not controlling. We disagree. In Allstate, supra, pp 473-474, we said:

"To obtain registration for an automobile one must either have a policy of liability insurance or pay the uninsured motor vehicle fee. * * *

"The public policy as delineated by the Legislature requires that the liability policy must be written in conformity with the statutory requirements. The statute does not provide for the type of exclusionary clauses as were contained in the instant policy. Thus, the exclusionary clauses are contrary to the public policy of this state and are therefore invalid and of no effect.”

1971 PA 210, MCLA 500.3009(2); MSA 24.13009(2), was enacted subsequent to the issuance of the policy in question and subsequent to the accident involved, and thus, has no application in this case.

Reversed and remanded for further proceedings consistent with this opinion. Costs to the plaintiff.

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206 N.W.2d 537, 45 Mich. App. 368, 1973 Mich. App. LEXIS 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-mendell-michctapp-1973.

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