Legal Opinion · Dissent

Fromm v. Meemic Insurance

Michigan Court of Appeals

Decided January 6, 2005No. Docket 248879Published

1DissentMurphy, P.J.

(<dissenting). I respectfully dissent. The arbitration language contained within the uninsured motorist provisions of the insurance policy does not allow for arbitration of the issue regarding whether Lisa Fromm suffered a serious impairment of body function by way of miscarriage because there was no express written consent to arbitrate matters of coverage. The issue whether Fromm suffered a serious impairment of body function clearly concerns a question whether plaintiffs are afforded coverage under the policy and is not related to matters regarding the liability or negligence of the alleged…

2Cases cited13 opinions

  1. Wilkie v. Auto-Owners InsuranceMichigan Supreme Court · 2003
  2. Farm Bureau Mutual Insurance v. NikkelMichigan Supreme Court · 1999
  3. McIntosh v. GroomesMichigan Supreme Court · 1924
  4. Koenig v. City of South HavenMichigan Supreme Court · 1999
  5. Morley v. Automobile Club of MichiganMichigan Supreme Court · 1998

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