Michigan Court of Appeals; Docket No. 135156; Unpublished
Judges Neff, Gribbs, and Brennan; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
Underinsured Motorist Coverage: Underinsured Motorist Coverage in General
Underinsured Motorist Coverage: Setoffs Applicable to Underinsured Motorist Cases
In this unanimous unpublished per curiam Opinion dealing with underinsured coverage, the Court of Appeals found that the decision in Nankervis v Auto Owners Insurance, 198 Mich App 262 (1993) was controlling, and therefore, the insurance company's maximum liability for underinsured coverage was limited to the difference between the insured person's coverage and. the other motorist's coverage. Judge Neff concurred only because she was compelled to follow Nankervis by the Administrative Order 1990-6. Were it not for this Administrative Order, Judge Neff would find the policy ambiguous and would therefore affirm the trial court.