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Brewer v Federal Kemper Insurance Company; (COA-UNP, 3/29/1989; RB #1252)


Michigan Court of Appeals; Docket No. 106438; Unpublished  
Judges Sullivan, Wahls, and Cavanagh; Unanimous; Per Curiam    
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt     

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]

Not Applicable     

In this unanimous per curiam Opinion, the Court of Appeals affirmed a jury verdict entered in favor of defendant in a case where plaintiff claimed additional no-fault benefits incurred following defendant's decision to discontinue payment of those benefits. In this case, plaintiff had a prior history of "seizures" and mental disorder.

Plaintiff was injured in a motor vehicle accident, and received no-fault benefits from defendant for medical expenses which were based on an alleged seizure disorder. After defendant discovered that plaintiff had a previous history of seizures and mental disorder, the defendant discontinued paying benefits. A jury trial resulted in a jury verdict finding that plaintiff's injuries did not arise out of the use or operation of a motor vehicle.

On appeal, plaintiff argued that the trial court erred in denying his motion for judgment notwithstanding the verdict and a new trial. The Court of Appeals held that, after reviewing the evidence in the light most favorable to defendant, it must conclude that reasonable minds could have honestly reached different conclusions. Therefore, the jury verdict was affirmed.

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