ALYCE VAHLBUSCH V ALLSTATE INSUR CO
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
ALYCE VAHLBUSH, Personal Representative of the
Estate of BRYAN VAHLBUSCH, Deceased,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 188240
Genesee Circuit
LC No. 93-025417-CK
ALLSTATE INSURANCE COMPANY,
Defendant-Appellant.
Before: Holbrook, Jr., P.J. and White and R. J. Danhof,* JJ.
White, J. (dissenting)
Plaintiff’s decedent died when the rear door of the camper-topper installed on his pick-up truck
was closed, leading to his asphyxiation due to fumes from a propane heater. Flatbeds of pickup trucks
are often covered by camper-toppers. Sleeping in the covered bed of such a truck while on a hunting
or camping trip, or traveling cross-country, is a normal and foreseeable use of such a vehicle. While the
instant case involves a pickup truck rather than a camper, I do not find this fact to sufficiently distinguish
this case from McKenzie v Auto Club Ins Ass’n, 211 Mich App 659, 662; 536 NW2d 301 (1995);
Koole v Michigan Mutual Ins Co, 126 Mich App 483; 337 NW2d 369 (1983) and Engwis v
Michigan Mutual Ins Co, 181 Mich App 16, 20; 448 NW2d 731 (1989) to warrant reversal.
I would affirm.
/s/ Helene N. White
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
-1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
