Michigan Court of Appeals; Docket No. 219771
Judges Zahra, Smolenski, and Gage; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
Uninsured Motorist Benefits- Arbitration of Uninsured Motorist Claims
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff had properly invoked arbitration of plaintiff’s claim for uninsured motorist benefits, when plaintiff’s counsel filed a lawsuit within three years of the accident, which, among other things, demanded the scheduling of an arbitration on the uninsured motorist claim. The uninsured motorist policy involved in this case required that “a demand for arbitration must be filed within three years from the date of the accident, or coverage under this part [uninsured motorist] will not be afforded.” Plaintiff’s counsel sent a letter to defendant Allstate Insurance Company shortly after plaintiff’s accident, which letter simply stated “Claim is hereby made for uninsured motorist claim.” The trial court and Court of Appeals found that this letter was not a “written request and demand for arbitration,” as the letter says nothing about arbitration. However, in plaintiff’s complaint, which was filed within three years of the date of the accident, plaintiff’s counsel, in the prayer for relief, prayed for the court to “order the immediate scheduling of an Arbitration on the issue of the uninsured motorist claim pursuant to the language of Defendant’s contract.” The trial court and Court of Appeals found that this language “clearly demanded arbitration of plaintiff’s claim for uninsured motorist benefits, pursuant to the language of the parties’ insurance contract.” Therefore, plaintiff had complied with the policy conditions and it was appropriate for the court to order arbitration of plaintiff’s uninsured motorist claim.
