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Parker v Nationwide Mutual Insurance Company; (COA-PUB, 4/2/1991; RB #1466)


Michigan Court of Appeals; Docket No.119769; Published  
Judges Gribbs, MacKenzie, and Jansen; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  188 Mich App 354; Link to Opinion alt   

Not Applicable

Private Contract (Meaning and Intent) 
Underinsured Motorist Coverage: Underinsured Motorist Coverage in General 
Underinsured Motorist Coverage: Setoffs Applicable to Underinsured Motorist Cases   

In this unanimous per curiam Opinion, the Court of Appeals denied plaintiff’s claim for underinsured motorist benefits on the basis of a setoff provision in the underinsured motorist endorsement that states that underinsured motorist coverage will be reduced by "any amount paid by or for any liable parties." This language means that the underinsured motorist carrier is entitled to a credit for any sums paid by the underinsured motorist, as well as any sums paid by a dram shop defendant. In so holding, the court rejected the plaintiff’s argument that the "any liable parties" language applies only to money paid by the underinsured motorist. The language applies to damages recovered from any liable party.  

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