Uninsured Motorist Coverage
Recently, the Michigan Court of Appeals issued an instructive opinion in Ibo Ware v. Meemic Insurance Company addressing the issue of coverage owed to an individual involved in an accident with an uninsured motor vehicle.
The Plaintiff was injured when his car was struck by another vehicle. The vehicle that struck him was insured with State Farm. Plaintiff insured his vehicle through Meemic Insurance Company and the Meemic policy included uninsured motorist coverage. Meemic initially declined the uninsured motorist claim because the individual who hit the Plaintiff was insured by State Farm. State Farm ultimately declined coverage to the at-fault driver because that individual violated the State Farm policy’s terms requiring notice of the accident and litigation. As a result, Plaintiff went after Meemic for the injuries he sustained in the accident. Meemic filed a Motion for Summary Disposition that was denied by the trial court and resulted in this case being appealed to the Michigan Court of Appeals.
Meemic argued on appeal that the trial court erred when it denied its Motion for Summary Disposition. The Court of Appeals disagreed, finding that the trial court was correct when it found that the vehicle that hit Plaintiff was in essence uninsured. The dispute centered upon the definition of an uninsured motor vehicle. Meemic argued that the policy was “applicable at the time of accident” even though the insurer, State Farm, later denied coverage. The Court of Appeals disagreed, stating a liability policy “is applicable” when “the insured is entitled to the protection afforded under the policy.” Because that did not occur in the present matter, the Michigan Court of Appeals affirmed the trial court’s decision to deny Summary Disposition, and remanded the case for further proceedings.
Read entire case at:
Ibo Ware v. Meemic Insurance Company
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
