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No. 133620
| Renie Manzella and Joseph Manzella, |
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Robert J. Ehrenberg |
Plaintiffs-Appellees, |
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(Appeal from Ct of Appeals) |
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(Van Buren - Buhl, W.) |
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| State Farm Mutual Automobile Ins Co., |
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Defendant-Appellant, |
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Gregory G. Timmer |
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| Israel Maldonado Morado, Fernando Ojeda |
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| Miranda, and Progressive Michigan Insurance |
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| Company, |
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| Defendants. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Reply Brief>>
Defendant-Appellant's Supplemental Brief>>
Background
On October 4, 2003, a car operated by Israel Morado and owned by Fernando Miranda was traveling northbound on County Road 687 in Van Buren County when it crashed into the rear end of a vehicle operated by Betty Jane Reed, who was also traveling northbound on County Road 687. Within seconds after that collision, Renie Manzella, who was also driving northbound on County Road 687, collided with the rear end of Morado’s vehicle; Manzella was seriously injured. Morado and Miranda did not have no-fault insurance. Therefore, Manzella and her husband sought uninsured motorist benefits from their insurer, State Farm Mutual Automobile Insurance Company. State Farm denied the claim, so the Manzellas sued State Farm, as well as Morado and Miranda. State Farm filed two motions for summary disposition, arguing that the accident was Manzella’s fault, and that it was not obligated to pay economic or noneconomic damages to the Manzellas. The trial court agreed and dismissed State Farm from the lawsuit. Morado and Miranda did not answer the complaint, so the trial court entered a default judgment against them in the amount of $174,000 for economic losses and $200,000 for noneconomic losses. The Manzellas appealed the trial court’s dismissal of State Farm. The Court of Appeals reversed the trial court in an unpublished split decision, finding that State Farm is obligated to pay the default judgment entered against Morado and Miranda. The Court of Appeals majority focused on the provision in the insurance policy requiring State Farm to pay damages for bodily injury an insured “is legally entitled to collect from the owner or driver of an uninsured motor vehicle.” The dissenting judge concluded that other policy provisions made it clear that, despite this policy language, State Farm is not contractually obligated to provide uninsured motorist coverage merely because a default judgment was entered against the owner and driver of the uninsured motor vehicle. State Farm appeals.
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