Universal Underwriters Insurance v. Kneeland

Plaintiffs, Universal Underwriters Insurance Company and Betten Toyota, appeal by leave granted the circuit court’s order affirming the district court’s grant of summary disposition to defendant, Nancy Kneeland. We reverse and remand.

The facts are undisputed. On November 15, 1993, defendant took her car to Betten Toyota to be repaired. On November 16, 1993, Betten Toyota loaned defendant a “courtesy car,” a 1991 Previa, while her car was being repaired. On that date, defendant and a Betten Toyota employee signed a form entitled “Courtesy Car Agreement” that stated five terms:

1. Rental fee…