Uninsured Motorist Claim

Court/Case No: Wayne County Circuit Court, 14-000942-NI

Tried/Argued Before: Michigan Court of Appeals

Demand: $100,000.00

Verdict: Summary Disposition

Name of Judge(s): Honorable Gadola, Cavanagh and Swartzle

Keys to the Case:

Pursuant to the uninsured motorist provision of Plaintiff’s no-fault insurance policy with Progressive, Progressive is obligated to pay uninsured motorist coverage if she sustained a serious impairment of body function in an accident arising from the ownership, operation, maintenance, or use of a motor vehicle, in which an unidentified motor vehicle strikes Plaintiff or her vehicle.  On the question of whether summary disposition was proper, the panel found that we met our burden in moving for summary disposition through Plaintiff’s statement that she was unsure if there was contact, and other evidence that the condition of Plaintiff’s car indicated it was not struck by the “John Doe vehicle.”  The Court found that Plaintiff’s equivocal testimony and affidavit were not sufficient to sustain the Plaintiff’s burden of bringing forth evidentiary proof creating a genuine issue of material fact.

Defense SW attorney(s) Involved in Case: