Michigan Court of Appeals; Docket No. 194688; Unpublished
Judges Jansen, Saad, and Schwartz; 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In the per curiam unpublished Opinion, the Court of Appeals held that plaintiffs accident, caused by swerving to avoid a tire lying in the road, failed to meet the physical contact requirement of an uninsured motorist policy, and thereby affirmed the trial court's denial of coverage. The case had previously been decided by a different panel of the Court of Appeals. The defendant filed for leave to appeal with the Michigan Supreme Court, which in lieu of granting leave, remanded the case to the Court of Appeals for further consideration.
Plaintiff was traveling on an expressway when she swerved in an attempt to avoid hitting a tire lying in the middle of the road. However, she hit the tire, lost control of her vehicle, went off the road, and rolled her vehicle over. There was no evidence presented as to the origin of the tire. The policy issued by defendant contained uninsured motorist coverage, which defined an "uninsured vehicle" as a vehicle whose owner or driver is unknown, which made physical contact with the insured or the insured's vehicle. Here, the Court of Appeals held that there was no evidence that, in fact, the tire had been projected off from a motor vehicle (as opposed to being thrown into the road by a pedestrian), and therefore, the plaintiff failed to establish the required nexus between an uninsured vehicle and the subject accident.
