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Williams v Allstate Insurance Company; (COA-UNP, 5/10/2002, RB #2298)

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Michigan Court of Appeals; Docket #229005; Unpublished
Judges Holbrook, Jr., Jansen and Wilder; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse graphic


STATUTORY INDEXING:
Not applicable

TOPICAL INDEXING:
Reformation of Insurance contracts: Reformation for Misrepresentation


CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiffs, who were covered by a Florida insurance policy, living in Michigan and injured in an auto accident in Ohio, were not entitled to have their Florida insurance policy reformed so that it was in accordance with the Michigan no-fault law. Contrary to the plaintiffs’ allegations, the defendant insurance company did not have sufficient reason to know that plaintiffs had become full-time residents of Michigan and were no longer Florida residents. On the contrary, there was evidence in the record that plaintiffs move to Michigan was only temporary and that plaintiffs had not advised defendant that they had changed their address permanently. Accordingly, there was insufficient evidence to require a reformation of the Florida policy so that it was a Michigan no-fault policy as is permitted under certain circumstances pursuant to MCLA 500.3012.



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