Michigan Court of Appeals; Docket #224351; Unpublished
Judges Kelly, Hood and Doctoroff; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits
CASE SUMMARY:
In this unpublished unanimous per curiam opinion, the Court of Appeals affirmed the dismissal of plaintiff’s uninsured motorist case because plaintiff, contrary to a specific exclusion in the uninsured motorist policy, signed a release absolving the owner of the uninsured vehicle from all liability. This was done without the consent of plaintiff’s uninsured motorist carrier from whom he subsequently sought uninsured motorist benefits. The exclusion which barred plaintiff’s claim, provided that uninsured motorist benefits are not payable if the claimant “settles the bodily injury claim without [defendant’s] consent.” The court rejected plaintiff’s argument that this exclusion did not apply because the owner of the vehicle had no liability for plaintiff’s injuries because the owner never granted consent to the use of the vehicle by the tortfeasor. The court held that this made no difference. The court stated:
“By executing this comprehensive release, plaintiff settled the bodily injury claim with the owner of the vehicle. Defendant is not required to show prejudice in order to rely on the exclusion as a bar to plaintiff’s recovery.”
