# Shelby Mutual Insurance v. United States Fire Insurance

> Michigan Court of Appeals · September 27, 1968 · 12 Mich. App. 145

URL: https://www.frixlaw.com/law-library/cases/9737553

## Case

- **Full name:** Shelby Mutual Insurance Co., v. United States Fire Insurance Company
- **Court:** Michigan Court of Appeals
- **Decided:** September 27, 1968
- **Citations:** 12 Mich. App. 145; 162 N.W.2d 676
- **Precedential status:** Published
- **Opinion:** Dissent by Gillis
- **Judges:** Gillis, Lbsinski, Kavanagh
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9737553

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9737553. Public record. Not legal advice.