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eBook details

• Title: Nickerson v. Citizens Mutual Insurance
• Author : Supreme Court of Michigan
• Release Date : January 21, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Plaintiff, Bruce Nickerson, was a passenger in an automobile insured by defendant, Citizens Mutual Insurance Company. The
car stalled and in the course of getting assistance plaintiff got out and walked around to the front of the car. Then an automobile
driven by an uninsured motorist struck the insured automobile from behind, pushing it into plaintiff, who suffered severe
injuries. An arbitration award of $25,000 was made to plaintiff, but the arbitrator expressly declined to rule whether plaintiff
was an assured occupying the automobile. Defendant failed to challenge the arbitration award within 20 days after receipt
of a copy of the award. Plaintiff brought this action to confirm the award. The Genesee Circuit Court, Ollie B. Bivins, Jr.,
J., entered a modified judgment for $10,000, the policy limit. The Court of Appeals, Bronson and Carland, JJ. (McGregor, P.
J., Dissenting), reversed and remanded, holding that plaintiff was not "occupying" the automobile when he was injured and
thus not covered under the policy (Docket No. 16597). Plaintiff appeals. Held: 1. Defendant lost the right to challenge the two issues that were decided in arbitration, fault and damages, but did not
lose the right to challenge whether plaintiff was an "assured" "occupying the insured automobile" within the meaning of the
policy.

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