Farm Bureau Mutual Insurance Company of Michigan v. Laurie Bowers ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
November 27, 2013 Robert P. Young, Jr.,
Chief Justice
147611 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
FARM BUREAU MUTUAL INSURANCE David F. Viviano,
COMPANY OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 147611
COA: 311811
Gratiot CC: 11-011662-CK
LAURIE BOWERS, CARL BOWERS,
JULIE BOWERS and NICHOLAS BOWERS,
Defendants-Appellees.
______________________________________/
On order of the Court, the application for leave to appeal the July 9, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REMAND this case to the Gratiot Circuit Court for further proceedings. A bailment
existed as a matter of law between the boat’s owners and the defendant Nicholas Bowers.
See, Godfrey v City of Flint, 284 Mich 291 (1938). He also had, as a matter of law,
custody or use of the watercraft at the time of the incident. Therefore, he was an insured
under the terms of the insurance policy because he was “legally responsible” for and had
“custody or use” of the watercraft at the time of the incident.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 27, 2013
h1120
Clerk