Claim arising out of cosmetic lens sale engenders lenghty coverage dispute
Channing M. McAfee bought cosmetic lenses at a Dollar Store in Genessee County. She claimed that wearing them resulted in an eye infection, permanently and severely damaging her vision in her right eye. After she raised her claim, the store's liability insurer, Westfield Insurance Company sued both the store and the purchaser, arguing that it did not owe coverage for the event.
Westfield claimed that sale of the cosmetic lens was a "professional service" excluded under its policy terms. It also argued that McAfee's allegation of violation of the Consumer Protection Act (MCPA) was not covered because it was an allegation of intentional misconduct. The judge rejected both of Westfield's arguments and Westfield appealed.
The higher court agreed with Westlield with regard to the MCPA claim and held that alleged violations of that act would not be covered under the policy. On the other hand, it affirmed the trial judge's ruling that the simple sale of an inexpensive cosmetic optical lens did not meet Michigan's definitions of "professional service."