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157518 - Jeremy Drouillard v American Alternative Ins Corp

Jeremy Drouillard,

 

Mark Granzotto

 

Plaintiff-Appellant,

 

v

(Appeal from Ct of Appeals)

 

 

(St. Clair – West, M.)

 

American Alternative Insurance Corporation,

 

Constantine Kallas

 

Defendant-Appellee.

 

Summary

Plaintiff was a paramedic who was injured when the ambulance he was riding in ran into a pile of drywall that had been dropped on the roadway moments before by a vehicle that sped away. Plaintiff sought uninsured motorist benefits under the no-fault insurance policy issued to his employer by defendant American Alternative Insurance Company. Defendant moved for summary disposition, arguing that the uninsured motorist provision did not apply because the vehicle that drove away did not cause an object to hit the insured vehicle. Instead, the insurer argued that the ambulance hit the object. The trial court denied defendant’s motion for summary disposition. The Court of Appeals reversed and remanded in a split published opinion, holding that under the plain language of the policy, for the uninsured motorist provision to apply, the object must have hit the insured vehicle, rather than the insured vehicle hitting the stationary pile of drywall. The dissenting judge would have affirmed the trial court’s ruling. The Supreme Court has directed oral argument on plaintiff’s application for leave to appeal to address whether defendant was entitled to summary disposition on the ground that there was no “uninsured motor vehicle” as defined in the insurance policy.​