American States Insurance v. Detroit Automobile Inter-Insurance Exchange

This appeal raises a question of first impression concerning the proper construction of the household exclusion provision, MCL 500.3123(l)(b); MSA 24.13123(l)(b), contained in the no-fault automobile insurance act. Plaintiff appeals as of right from an order entered in the Wayne County Circuit Court granting summary judgment in favor of defendant pursuant to GCR 1963, 117.2(1), failure to state a claim upon which relief can be granted. The circuit court determined that the household exclusion applied in this case so that plaintiff, American States Insurance Company, as subrogee, could not…