Topolewski v. Detroit Automobile Inter-Insurance Exchange

Plaintiffs brought these actions to recover under the uninsured motorists coverage of the insurance contract issued to John or Olga Topolewski by defendant. On the claimed basis that such coverage was not applicable, defendant moved for summary judgment pursuant to OCR 1963, 117.2(1), and the trial court denied such motions. On leave granted, defendant appeals.

The question raised is whether a motorist insured at the time of an accident is an uninsured motorist under the provisions of defendant’s policy issued to the Topolewskis when that motorist’s insurer becomes insolvent after the accident.