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Hakeem v Lumbermens Mutual Casualty Insurance Company and Kemper Insurance Company; (COA-UNP, 12/1/2005, RB #2639)


Michigan Court of Appeals; Docket #254454; Unpublished
Judges Smolenski, Schuette, and Borrello; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic

Not applicable

Underinsured Motorist Benefits: Exclusions from Underinsured Motorist Benefits

In this unanimous unpublished per curiam opinion, the Court of Appeals upheld the trial court grant of summary disposition on plaintiff’s claim for underinsured motorist coverage and rejected plaintiff’s argument the insurance company had waived application of the policy exclusion on which it relied to deny underinsured motorist coverage.

The court further rejected plaintiff’s argument the doctrine of equitable estoppel should apply in this case. With regard to waiver, the court pointed out in its initial letter to plaintiff’s counsel regarding this matter, defendant “expressly stated that it did not waive any of its rights under the insurance policy.” This statement was never retracted and, therefore, there is no basis to conclude the defendant waived reliance upon its exclusion.

Regarding the equitable estoppel argument, the court pointed out that no reasonable view of the evidence would support a determination defendant intentionally or negligently induced plaintiff to believe it would not rely upon the policy exclusion at issue.

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