Rohlman v. Hawkeye Security Insurance

I respectfully dissent because I do not believe the concept of stare decisis binds this Court to follow decisions that are based on policy considerations that no longer exist.

In Nickerson v Citizens Mutual Ins Co, 393 Mich 324; 224 NW2d 896 (1975), a case involving a contract of insurance before no-fault, the plaintiff would only be an "assured” covered for injuries caused by an uninsured motorist if the plaintiff was "occupying the insured automobile.” In Nickerson, the term "occupying” was explicitly defined *551in the insurance policy as "in or upon or entering into or alighting from.” Our…