Wayne County Circuit Court; Docket No. 80 045650 CZ; Unpublished
Judge Thomas J. Foley; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General
CASE SUMMARY:
In a written Opinion, Wayne County Circuit Judge Thomas Foley held that a Georgia resident who was involved in an auto accident in Michigan and insured under a Georgia policy providing uninsured motorist coverage in the amount of $10,000, could not collect more than those uninsured motorist limits under the theory that the minimum amount of residual liability coverage required in the State of Michigan by the no-fault statute is $20,000. Judge Foley held that even though the Supreme Court's opinion in Bradley v Mid-Century (item number 312) implied that UM coverage had become a substitute for residual liability coverage, that does not mean that a UM endorsement should provide the same amount of coverage as a residual liability policy. Since the enactment of the no-fault statute's uninsured motorist coverage is no longer mandatory in this state and, thus, there are no minimum requirements with regard to the extent of UM coverage.