finding exclusory language inapplicable to parents' statutory liability for willful and malicious acts committed by minor child living at home, in this case tort committed with stolen vehicle
How later courts described this case
- finding exclusory language inapplicable to parents' statutory liability for willful and malicious acts committed by minor child living at home, in this case tort committed with stolen vehicle
Written by the judges who cited it.
The opinion
J. H. Gillis, J.
(dissenting). I cannot subscribe to the notion that the statute in question * creates a new and independent liability disassociated from the original cause of action. The liability of the parents still depends on the wrongful actions of their child. The cause of action against the parents is nonetheless generated by the destruction of property by the use of an automobile. The statute shifts liability without changing the nature of the cause of action. The complaint is still based on the injury to property occasioned by the improper operation of an automobile and comes within the exclusionary provision of the policy.
I would affirm.
CLS 1961, § 600.2913, as amended by PA 1962, No 23 (Stat Ann 1962 Kev § 27A.2913).