Heniser v. Frankenmuth Mutual Insurance

I respectfully dissent. In my view, the majority has impermissibly transformed a policy definition into an exclusion. As a general rule, once coverage is afforded,

if an insurer intends to exclude coverage under certain circumstances, it should clearly state those circumstances in the section of its policy entitled "Exclusions.” Powers v DAIIE, 427 Mich 602, 632-633; 398 NW2d 411 (1986). [Transamerica Ins Corp *74of America v Buckley, 169 Mich App 540, 546; 426 NW2d 696 (1988).]

As noted by the majority, the sole issue before us is whether coverage is excluded in this instance because the home did…