Michigan Court of Appeals; Docket No. 106536; Published
Judges Cynar, Shepherd, and Marilyn Kelly; Unanimous; Per Curiam
Official Michigan Reporter Citation: 178 Mich App 729; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court's grant of summary disposition in a declaratory judgment action which held that State Farm was not liable to pay derivative damages for loss of consortium, society, and companionship under its policy which provided $25,000 coverage for "each person" and $50,000 for "each accident."
The automobile accident resulted in serious physical injuries to John Descheemaeker. The plaintiff’s insured who caused the accident had a policy with State Farm providing for $25,000 liability limits for each person and $50,000 for each accident It was agreed by the parties that John Descheemaeker's damages alone exceeded $25,000, and the damages to his wife and children for loss of consortium, society, and companionship also exceeded $25,000.
In interpreting the language of the insurance policy and its declaration sheet, the Court of Appeals rejected the claim of the wife and children to an additional $25,000 under the policy provisions providing coverage for bodily injuries.
The court held that the underlying policy defined a "bodily injury" as meaning "bodily injury to a person and sickness, disease or death which results from it." The court held that non-physical injuries such as a loss of consortium, society, and companionship, which lack any physical manifestations, are not bodily injuries.
The court further held that even if the claims by the wife and children did have a "physical manifestation," the policy limit of $25,000 for "each person" would not be available because the policy definition for "each person" limits recovery to damages due to "bodily injury to two or more persons in the same accident."
Since the wife and children were not in the accident, the court held that the trial court properly granted summary disposition in favor of State Farm.
