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Junk in the Trunk: Collision with Debris Left in Road by Motor Vehicle is Enough to Trigger UM/UIM Benefits

Motor Vehicle Litigation / July 18, 2019

In Drouillard v American Alternative Insurance Corporation, ___ Mich ___; ___ NW2d ___ (2019), the Michigan Supreme Court reiterated its position on the interpretation of the insurance policy when dealing with optional, non√¢‚Ǩ‚Äòmandatory provisions like uninsured motorist benefits, under the Michigan No-Fault Act. Specifically, Michigan courts reason that an insurance policy is similar to any other contractual agreement, and, thus, the Court’s role is to “determine what the agreement was and effectuate the intent of the parties.” 

In this case, Plaintiff was afforded uninsured motorist benefits because the Court found that the unidentified truck caused a stationary object to hit the insured ambulance when the ambulance hit the drywall left in the road by the truck.

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