Legal Opinion · Concurring in part, dissenting in part

Powers v. Detroit Automobile Inter-Insurance Exchange

Michigan Supreme Court

Decided December 30, 1986No. Docket Nos. 73156, 73691, 74136, 76091, 76427, (Calendar Nos. 1-5)Published

1Concurring in part, dissenting in partLevin, J.

In these cases consolidated on appeal the principal question is the validity of the exception from nonowned automobile liability and uninsured motorist coverage when the person otherwise insured is driving or occupying a vehicle owned by a relative or a relative residing in the same household. I would hold that the so-called household exception is not invalid per se, but may be invalid as sought to be applied in particular cases.

In Powers v DAIIE, the household exception is invalid as the insurer would apply it.

In Deyarmond v Community Service Ins Co, Ester Deyarmond, rather than her son…

2Cases cited7 opinions

  1. Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
  2. Raska v. Farm Bureau Mutual InsuranceMichigan Supreme Court · 1982
  3. United States v. Bethlehem Steel Corp.Supreme Court of the United States · 1942
  4. Morehead v. New York Ex Rel. TipaldoSupreme Court of the United States · 1936
  5. State Farm Mutual Automobile Insurance v. RuuskaMichigan Supreme Court · 1982

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