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Insured Not an Insured if Insurer’s Insured has No Insurable Interest in Insured Vehicle

Motor Vehicle Litigation / September 25, 2019

Under MCL 500.3115(1), the policy language defines who qualifies as an “insured” for the purposes of determining priority for no-fault benefits. If no definition is provided, a fact-specific inquiry must be undertaken and the mere fact that a listed driver is the relative of a named insured is not dispositive. The Court followed Smith v Allstate Ins Co, 230 Mich App 434 (1998), that a named insured must have an insurable interest to support the existence of a valid automobile liability insurance policy and that the failure of the named insured to have such an interest renders the policy void.

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