Michigan Court of Appeals; Docket No. 190964; Unpublished
Judges Corrigan, Doctoroff, and Lamb; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals held that the insured was not entitled to uninsured motorist coverage, where she had not fulfilled a requirement in her policy that she report a hit-and-run accident to the police within 24 hours of the accident.
The insured, after her vehicle was allegedly struck by a hit-and-run driver, claimed that she had contacted the police within 24 hours of the accident to inquire about the procedure for reporting the accident. However, the Court of Appeals affirmed the trial court's ruling against plaintiff that since there was no evidence that the insured had in fact reported the accident, she had not met the policy requisite and, therefore, uninsured motorist coverage was not payable. The court found it unnecessary to address the insurer's second argument that the insured failed to notify it of the accident within 30 days after it occurred, as required by the policy.