Legal Opinion · Dissent

Davis v. Detroit Automobile Inter-Insurance Exchange

Michigan Supreme Court

Decided June 6, 1959No. Docket 49, Calendar 47,810Published

1DissentEdwards, J.

The trial court was correct. Generally, one may not recover insurance for damages received as a direct result of his own criminal conduct while engaged in a crime of moral turpitude. 23 ALR2d 1105.

The policy in this case called for payment “to and for each person who sustains bodily injury.” Hence, we do not deal with a beneficiary foreign to the crime.

The risks of injury while engaged in burglary and escape from hot pursuit therefrom are certainly beyond the normal contemplation of the contracting parties. If included in such contemplation, such insurance would be void on grounds of public…

2Cases cited3 opinions

  1. Pawlicki v. HollenbeckMichigan Supreme Court · 1930
  2. Bowman v. Preferred Risk Mutual InsuranceMichigan Supreme Court · 1957
  3. Acme Insurance v. National InsuranceSupreme Court of Colorado · 1948

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