State Farm Mutual Automobile Insurance Company v. Sivey

The trial court and Court of Appeals upheld a provision in an automobile owner’s liability insurance policy excluding recovery for bodily injury by the insured owner who was a passenger in the car as against a driver who was driving with the owner’s permission. The driver of the car has applied for leave to appeal.

Defendant Emily Sivey and her father co-owned a 1974 Ford Pinto which was insured by plaintiff State Farm. On March 3, 1974, Sandra Andary was operating the Pinto on 1-94 in Berrien County when she collided with a vehicle owned and operated by William Horace Kelly. Emily Sivey was a…