Muxlow v. Auto Club Ins. Ass'n

Plaintiffs appeal as of right from an order granting defendant’s motion for summary judgment made pursuant to GCR 1963, 117.2(1). Plaintiff had filed a declaratory judgment action seeking to have the named driver exclusion found invalid if the named driver is also the owner of the vehicle.

The facts of this case are not in dispute. On May 27, 1981, an accident took place involving an automobile owned and operated by plaintiff Karen Muxlow and a pickup truck owned and operated by Donald Pickier. At the time of the accident, the truck was insured under a policy issued by defendant to Donna M.…