Hartford Accident & Indemnity Co. v. Used Car Factory, Inc.

This civil matter was resolved when the circuit court granted summary disposition in favor of the defendant. The Court of Appeals affirmed, but we reverse in part and remand this case to the circuit court for further proceedings relating to the plaintiffs’ claim of equitable subrogation.

i

In January 1990, Michael Klecha 1 bought a 1981 Datsun from The Used Car Factory, Inc. (tucf), in Mount Clemens. 2 He told the salesperson that he was covered under an insurance policy and that he would provide proof. In fact, he was uninsured.

At the time of the purchase, an employee of TUCF filled out the…