Michigan Court of Appeals; Docket #225068; Unpublished
Judges Doctoroff, Wilder and Schmucker; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff was not entitled to a payment of $10,000 for “accidental death or dismemberment” under a policy of no-fault automobile insurance, because she did not satisfy the requirement in the policy that she sustain a “death or loss, caused by accident.”
Plaintiff was in her vehicle, wearing her seat belt, when an accident occurred. Her fiancéʹ, who was driving, was killed, but plaintiff was not injured. Plaintiff claimed that she was entitled to accidental death benefits under the special provision in the policy which stated:
“We will pay the amount shown in the schedule [$10,000] that applies for death, or loss, caused by accident. The insured has to be occupying or be struck by a land motor vehicle or trailer. The death or loss must be the direct result of the accident and not due to any other cause.”
The Court of Appeals interpreted the language of the accidental death or dismemberment coverage to require that the accidental death or dismemberment be of the “insured.” Accordingly, benefits were denied.
