Linebaugh v. Farm Bureau Mutual Insurance

In this “underinsured” motorist action, plaintiff appeals as of right the order of the circuit court granting summary disposition in favor of defendant insurer. We affirm.

Plaintiff was struck by an automobile driven by David Whitney and owned by David Whitney’s mother, Amelia Whitney. The Whitneys had in place a $25,000 liability policy issued by Auto Club Insurance Association (acia). Plaintiff brought suit against the Whitneys, who avoided service of process for as long as they were able before disappearing entirely.

Acia then offered to settle plaintiff’s action. While the Whitneys’ policy…