Weaver v. Michigan Mutual Liability Co.

Plaintiff brought this action seeking a declaratory judgment interpreting the uninsured motorist provision (Part IV) of an insurance policy issued by the defendant. The Secretary of State, representing the Motor Vehicle Accident Claims Fund, intervened as a plaintiff.

The plaintiff purchased a motorcycle and while operating it was injured by an uninsured motorist. The uninsured motorist provision in the policy contains the following exclusion:

“to bodily injury to an insured while occupying an automobile (other than an insured automobile) owned by the named insured or a relative, or through…