Michigan Court of Appeals; Docket No. 53974; Published
Judges Kelly, Cynar, and Cook; Unanimous; Per Curiam
Official Michigan Reporter Citation: 121 Mich App 128; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Insurance Agents (Duty to Insured)
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals rejected plaintiff’s argument that a no-fault insurer owes a duty to its insured to make known the availability of uninsured motorist protection, the failure of which would subject the no-fault insurer to liability for uninsured motorist benefits. The Court held that in passing the no-fault statute, the legislature specifically repealed that statutory section which compelled the mandatory offer of uninsured motorist protection and required a rejection to be in writing. The Court stated that the plaintiff’s public policy arguments regarding the mandatory offer of uninsured motorist coverage should be addressed to the legislature.