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Chandler v County of Muskegon -
The issue raised in this appeal is whether the motor vehicle exception to governmental immunity applies where an injury occurred while the vehicle was parked in a maintenance facility for the purpose of cleaning and was not being operated as a motor vehicle. We hold that the injury did not result from the negligent “operation” of the vehicle within the meaning of the motor vehicle exception, codified at MCL 691.1405. [ more ]
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Bosco v Bauermeister -
In this case, we are called upon to determine the priority of coverage of several insurance policies, all of which admittedly provided coverage for the automobile accident that is the subject matter of the underlying lawsuit. We conclude that a distinct difference exists between "true" excess insurance coverage and excess "other insurance" on the basis of the difference in policy types within the insurance industry, the premiums charged for and risks assumed by the policies, the language of the policies, and the reasonable expectations of all the contracting parties. This difference requires an excess "other insurance" policy to be exhausted before "true" excess insurance policies are required to contribute to a loss.[1] Thus, we reverse the decision of the Court of Appeals and reinstate the judgment of the trial court. [ more ]
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