Westen v. Karwat

7 Citing cases

  1. Farm Bureau Ins v. Stark

    437 Mich. 175 (Mich. 1991)   Cited 75 times
    In Farm Bureau Mutual Ins. Co. v. Stark, 437 Mich. 175, 183; 468 N.W.2d 498 (1991), the Court said the phrase "land motor vehicle," found in a homeowner's insurance policy, taken and understood in its plain, ordinary, and popular sense, would include a moped and that a "land motor vehicle," simplistically described, is a vehicle with a motor that travels on land.

    It explained: This Court in Westen v Karwat, 157 Mich. App. 261; 403 N.W.2d 115 (1987), was called upon to determine whether similar homeowner's policy language had properly excluded coverage because a moped fell within the policy's definition of a motor vehicle. In Westen, the plaintiff was the personal representative of the estate of a girl who died from injuries suffered after she was struck by a moped.

  2. Farm Bureau Gen. Ins. Co. of Mich. v. Hore

    No. 347918 (Mich. Ct. App. Aug. 20, 2020)

    Ambiguities in "exclusionary clauses are to be strictly construed against the insurer." Westen v Karwat, 157 Mich App 261, 264; 403 NW2d 115 (1987). Any ambiguities in the contract language are also construed against the drafter.

  3. Ill. Nat'l Ins. Co. v. Alixpartners LLP

    No. 337564 (Mich. Ct. App. Feb. 26, 2019)   Cited 1 times   1 Legal Analyses

    "[E]xclusionary clauses are to be strictly construed against the insurer." Westen v Karwat, 157 Mich App 261, 264; 403 NW2d 115 (1987). We also construe any ambiguities in the contract language against the drafter.

  4. Rossman v. State Farm Insurance Companies

    184 Mich. App. 618 (Mich. Ct. App. 1990)   Cited 3 times
    In Rossman, a case dealing with identical policy language, this Court found ambiguity in the words "business or occupation," and construed that ambiguity against the insurance company to find that the policy extended liability coverage to a volunteer fire fighter driving a fire truck.

    Furthermore, exclusionary clauses in insurance contracts are to be strictly construed against the insurer. Westen v Karwat, 157 Mich. App. 261, 264; 403 N.W.2d 115 (1987). But, where the contract language is clear, unambiguous, and not in contravention of public policy, its terms will be enforced as written.

  5. Lamotte v. Millers National

    180 Mich. App. 271 (Mich. Ct. App. 1989)   Cited 6 times

    Furthermore, exclusionary clauses in insurance contracts are to be strictly construed against the insurer. Westen v Karwat, 157 Mich. App. 261, 264; 403 N.W.2d 115 (1987). But, where the contract language is clear, unambiguous, and not in contravention of public policy, its terms will be enforced as written.

  6. Farm Bureau Ins v. Stark

    180 Mich. App. 55 (Mich. Ct. App. 1989)   Cited 1 times

    (4) is being operated in any prearranged or organized race, speed contest or other competitions. This Court in Westen v Karwat, 157 Mich. App. 261; 403 N.W.2d 115 (1987), was called upon to determine whether similar homeowner's policy language had properly excluded coverage because a moped fell within the policy's definition of a motor vehicle. In Westen, the plaintiff was the personal representative of the estate of a girl who died from injuries suffered after she was struck by a moped.

  7. Allstate Ins Co v. Miller

    175 Mich. App. 515 (Mich. Ct. App. 1989)   Cited 19 times
    Holding person cannot act "intentionally" when person, because of insanity, cannot form an intent to act

    Furthermore, exclusionary clauses in insurance contracts are to be strictly construed against the insurer. Westen v Karwat, 157 Mich. App. 261, 264; 403 N.W.2d 115 (1987). But, where the contract language is clear, unambiguous, and not in contravention of public policy, its terms will be enforced as written.