Auto-Owners Insurance v. Zimmerman

Defendant appeals as of right from an order of the Ogemaw Circuit Court granting declaratory judgment in favor of plaintiff. We affirm.

Defendant Wayne K. Zimmerman, the owner of an excavating business, insured his 1978 International dump truck through plaintiff, Auto-Owners Insurance Company. The policy’s coverage included bodily injury and property damage liability arising from the ownership, maintenance or use of an insured automobile. However, "automobile” was defined to exclude "a motor vehicle of other than the private passenger or utility type while used with a trailer unless a premium…