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Evans v Farmers Insurance Exchange; (COA-UNP, 1/22/1990; RB #1334)

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Michigan Court of Appeals; Docket No. 110870; Unpublished  
Judges Griffin, Gillis, and Sawyer; Unanimous; Per Curiam 
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING: 
Not Applicable

TOPICAL INDEXING:  
Release and Settlements 
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General  


CASE SUMMARY: 
In this unanimous per curiam Opinion, the Court of Appeals upheld the trial court grant of summary disposition in favor of the insurance company on plaintiffs claim for uninsured motorist benefits. 

The court held that plaintiff had previously signed a release in exchange for $240, releasing defendant insurance company from its obligation to pay uninsured motorist benefits. The court held that there was no evidence to establish plaintiff’s allegation that the release had been improperly obtained. The burden is upon the party seeking to avoid a release to establish by a preponderance of the evidence that the release should be set aside.


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