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Fraley v Citizens Insurance Company of America; (COA-UNP, 4/28/2000; RB #2139)


Michigan Court of Appeals; Docket No.211018; Unpublished  
Judges Gribbs, Doctoroff, and Ludington; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  

Not Applicable

Uninsured Motorist Benefits: Arbitration of Uninsured Motorist Claims   
Revised Judicature Act – Arbitration (MCL 600.5001, et seq.)  

In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed the trial court's decision to order arbitration of an uninsured motorist claim, finding that Citizens Insurance Company had failed to object to and preserve for appeal the issue of whether or not the trial court properly relied upon allegedly inadmissible hearsay to determine that the other vehicle involved in the accident was uninsured.

The accident occurred when plaintiffs automobile collided with a truck driven by Lavelle. At the scene of the accident, Lavelle provided information indicating that he was driving a 1974 truck. Subsequent information indicated that this 1974 truck was not insured. Citizens denied the plaintiffs uninsured motorist benefits claim, arguing that the evidence showed that on the date of the accident Lavelle was driving an insured 1981 truck, and that he had handed insurance papers for the 1974 truck to Fraley by mistake.

From the trial court ruling that plaintiff had presented adequate proof that the truck driven by Lavelle at the time was uninsured, Citizens' appealed. In affirming the trial court, the Court of Appeals held that defendant's argument regarding the inadmissible hearsay upon which the determination of the uninsured status of the other vehicle was based was not preserved for appeal by Citizens, and therefore, affirmed the trial court order that the uninsured motorist claim be submitted to arbitration.

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