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Rowland v. DET. AUTO. INTER-INS. EXCH.
Citations: 191 N.W.2d 56; 34 Mich. App. 267; 1971 Mich. App. LEXIS 1603Docket: 8440
Court: Michigan Court of Appeals; June 21, 1971; Michigan; State Appellate Court
Plaintiff Karen Rowland sought to recover damages under her automobile liability insurance policy with Detroit Automobile Inter-Insurance Exchange (DAIIE) following injuries sustained in an accident with an uninsured motorist on January 16, 1966. Both Rowland and the owner of the vehicle, Karl John, were insured under separate DAIIE policies, each providing uninsured motorist coverage of $10,000 per person. Rowland claimed entitlement to $20,000—$10,000 from John's policy and $10,000 from her own. DAIIE contested this, citing "other insurance" clauses in both policies that limited liability to the higher of the applicable policy limits and precluded recovery beyond $10,000. The court noted that the legal interpretation of the "other insurance" clause had been previously settled in Horr v. Detroit AIIE, which supported the defendant's position. The primary issue addressed was whether the restrictions within the "other insurance" clause were void due to public policy, specifically in light of MCLA 500.3010, which mandates certain provisions in auto insurance policies. However, as Rowland's policy was issued prior to the statute's effective date of January 1, 1966, the court concluded that MCLA 500.3010 could not retroactively apply, referencing Wells v. DAIIE. The court affirmed the lower court's partial summary judgment in favor of DAIIE, concluding that there was no statutory or decisional law to contradict the established precedent. Costs were awarded to the defendant. All judges concurred in the decision.