PROGRESSIVE MICHIGAN INS. CO. v. SMITH

Docket No. 287505.

791 N.W.2d 480 (2010)

287 Mich. App. 537

PROGRESSIVE MICHIGAN INSURANCE COMPANY v. SMITH.

Court of Appeals of Michigan.

Decided March 16, 2010. at 9:05 a.m.


Attorney(s) appearing for the Case

Bensinger, Cotant & Menkes, P.C. (by Kerr L. Moyer ), Grand Rapids, for plaintiff.

RizzoBryan, P.C. (by Devin R. Day ), Grand Rapids, for Scott and Andrea Mihelsic.

Before: MARKEY, P.J., and BANDSTRA and MURRAY, JJ.


BANDSTRA, J.

In this matter of first impression, I would conclude that the warning notice requirement of MCL 500.3009(2) must be enforced as written. Thus, the named driver exclusion in the policy of insurance at issue here is invalid because it does not strictly comply with the statute.

BACKGROUND FACTS AND PROCEEDINGS BELOW

Defendants-Appellants, Scott and Andrea Mihelsic, were injured in an automobile accident when a truck driven by defendant...

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