[Download] "Allstate Insurance Company v. William" by Court of Appeals of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: Allstate Insurance Company v. William
- Author : Court of Appeals of Michigan
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The present action stems from an automobile accident in which defendant William Keillor's wife was killed. The accident allegedly was caused by Scott Koppelberger, a minor, who had been furnished alcoholic beverages by Daniel Hayes, plaintiff's insured. Plaintiff brought a declaratory action against defendant and Hayes, among others, to determine whether plaintiff owed a duty to defend or provide coverage to Hayes. All of the original defendants in the declaratory action, including Hayes but not defendant Keillor, either entered into a consent judgment or defaulted. Following a hearing on February 14, 1989, the trial court granted plaintiff's motion for summary Disposition. Defendant appeals as of right, alleging: (1) the trial court erred in holding that he did not have standing to litigate Hayes' coverage, (2) the default judgment against Hayes does not bind him, (3) plaintiff is estopped from asserting the automobile exclusion, and (4) the criminal acts exclusion and the motor-vehicle exclusion should not be interpreted to deny coverage. We hold that defendant does not have standing to litigate the extent of Hayes' insurance coverage, and we affirm the trial court's grant of summary Disposition. On appeal, defendant claims that he has standing as a third-party beneficiary to litigate the extent of Hayes' coverage because he has an interest in the action since he seeks the insurance proceeds in a tort action. We hold that, under Michigan law, defendant does not have standing as a third-party beneficiary of the contract of insurance. Michigan's third-party beneficiary statute, MCL 600.1405; MSA 27A.1405, states: