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Aetna Life & Casualty Company v Thomas, el al; (GCC-UNP, 5/19/1977; RB #51)

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Genesee County Circuit Court, Docket No. 76-39216-CK; Unpublished   
Judge Borradaile   
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:
General / Miscellaneous [§3135]

TOPICAL INDEXING:
Legislative Purpose and Intent
Private Contract (Meaning and Intent)
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General   


CASE SUMMARY:   
Acknowledging that there was no specific case authority on point, the Court held that in uninsured motorist arbitration cases, the arbitrator must follow the provisions of §3135 of the no-fault statute. Accordingly, the injured person is only permitted to recover noneconomic losses if the person has sustained death, serious impairment of a body function or permanent serious disfigurement. The Court's rationale was that the purpose of the uninsured motorist statute is to place the victim of an uninsured motorist in the same position he would have occupied had the tortfeasor been insured.


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