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Krueger v Auto Club Ins Ass’n; (COA-UNP, 01/08/13; RB #3310)


Michigan Court of Appeals; Docket #306472; Unpublished
Judges Krause, Servitto, and Shapiror; Unanimous; Per Curiam;
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt 

Not Applicable

Uninsured Motorist Coverage: Arbitration of Underinsured Motorist Claims  

In this unanimous per curiam Opinion, the Michigan Court of Appeals affirmed the trial court's order granting summary disposition in favor of defendant Auto Club Insurance Association (ACIA), based on its argument that under the terms of the underinsured motorist policy at issue, ACIA was not required to participate in arbitration over the plaintiff’s claims for underinsured motorist benefits, because the plaintiff failed to make the demand for arbitration within three years from the date of the subject collision, as required under the applicable policy language. The Court of Appeals further held that the plaintiff could not meet the elements of equitable estoppel in order to prevent ACIA from asserting the three-year arbitration demand requirement as a defense to the plaintiff’s claim. Namely, the Court found that the plaintiff’s equitable estoppel claim failed, because the plaintiff could not produce sufficient evidence that there were any misrepresentations made by defendant with regard to agreeing to arbitrate the case.

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