Skip to main content
A Better Partnership
March 17, 2010

MSC Order: Berkeypile v. Westfield Insurance Co.

In Berkeypile v. Westfield Insurance Co., No. 137353, the Michigan Supreme Court reversed the decision of the Court of Appeals and reinstated the circuit court's order granting summary disposition to the defendant. The Court heard oral argument on the application on December 8, 2009. On Friday, March 12, 2010, the Court concluded that the defendant insurance company was not liable to the plaintiff for uninsured motorist coverage because the plaintiff's policy limited her the maximum recovery to the highest policy limit of any single policy available. The highest policy available was $300,000, the limit of the defendant's uninsured motorist coverage. But the plaintiff recovered $332,500 in settlements with underinsured drivers--more than the highest policy limit of any single policy available.

Chief Justice Kelly and Justice Hathaway would have denied leave to appeal. Justice Weaver would have granted leave to appeal.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -