Auto-Owners Insurance v. Boissonneault

Defendant appeals as of right from the trial court’s grant of summary disposition to plaintiff. We reverse.

Defendant’s decedent was killed while riding as a passenger in a car which was drag racing with another vehicle. Although the second vehicle was not involved in the fatal collision which caused the deaths of three persons and injury to a fourth, it is undisputed that the drivers of both cars negligently caused the accident. The driver of the car in which decedent was riding was underinsured, having policy limits of only $20,000 per person and $40,000 per occurrence, and the driver of the…