Michigan Court of Appeals; Docket #224446; Unpublished
Judges Doctoroff, Wilder and Schmucker; unanimous
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Physical Contact Requirement
CASE SUMMARY:
In this unanimous unpublished memorandum opinion, the Court of Appeals held that the “physical contact” requirement of plaintiff’s uninsured motorist policy was not satisfied where plaintiff was injured as a result of being struck by a vehicle which swerved to avoid an unidentified car.
Plaintiff was operating her vehicle when struck by a vehicle driven by Brad Gnatkowski, who testified that he struck plaintiff’s car after he swerved to avoid an unidentified car that pulled out in front of him. Plaintiff sought uninsured motorist benefits based on the actions of the unidentified car that pulled out in front of Gnatkowski’s vehicle.
In upholding the trial court grant of summary disposition for State Farm, the Court of Appeals held that uninsured motorist coverage is a matter of contract and not statute. The contract language requiring “physical contact” between a hit-and-run vehicle and the insured’s vehicle is enforceable in Michigan. Although this court has construed the physical contact requirement broadly to include indirect physical contact, such as where an object is cast off by a hit-and-run vehicle, in the instant case, plaintiff has failed to show any substantial physical nexus between the alleged uninsured motor vehicle and her vehicle.
