Michael F. Schmidt Obtains Summary Disposition Enforcing Excluded Driver Endorsement

Nationwide Mutual Insurance Company v Robert Troup, et al, Oakland County Circuit Court, declaratory action, which we filed on behalf of Nationwide Mutual Fire Insurance Company to obtain a ruling that Nationwide had no duty to defend or provide coverage to its insureds for a claim arising out of an auto accident in Florida, in which the insureds’ vehicle was being operated by their son, who was a named excluded driver on the Nationwide policy. The insureds argued that they were not aware that their son was a named excluded driver and did not authorize Nationwide to exclude him as a driver. We argued that the insureds had received five dec pages and five sets of certificate of insurance naming their son as a named excluded driver in compliance with MCL 500.3009(2), that they were bound by the terms and conditions of their insurance policy whether they read it or not, and that authorization to exclude their son as a driver does not require a signature by the insured, but may be shown by notice such as receiving the dec pages and the certificates of insurance indicating that their son was a named excluded driver. The court granted summary disposition agreeing with our arguments, that Nationwide had no duty to defend or provide coverage to the insureds for the claim arising out of their son’s operation of their vehicle in Florida.