Konopski v Citizens Insurance Company; (COA-UNP, 2/20/2001, RB #2259)


Michigan Court of Appeals; Docket #220027; Unpublished
Judges Meter, Neff and O’Connell; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic

Not applicable

Underinsured Motorist Coverage: Arbitration of Underinsured Motorist Claims

In this unanimous unpublished per curiam opinion, the Court of Appeals, relying upon its previous published opinion in Tellkamp v Wolverine Mutual, 219 Mich App 231 (1996), upheld a provision in an underinsured motorist policy which authorized either the plaintiff or the insurer to demand a jury trial in circuit court if an arbitration award on plaintiff’s underinsured motorist claim exceeded the $20,000 minimum liability coverage specified in Michigan’s financial responsibility law. In this case, plaintiff’s claim was arbitrated for $185,000. The Court of Appeals held that defendant was legally entitled to invoke its right under the policy to vacate the award and demand a jury trial.