Estate of Darryl Ile v. Foremost Insurance Company

Summary

The Michigan Supreme Court reversed the Court of Appeals and remanded for summary disposition in favor of Foremost Insurance Company. The Court held that the policy's uninsured and underinsured motorist coverage was not illusory, while Justices Kelly, Cavanagh, and Hathaway dissented or disagreed with the disposition.

Holdings

1. The policy's combined uninsured and underinsured motorist coverage was not illusory. Read as a whole, the policy provided supplemental coverage that could ensure a total recovery of up to $20,000/$40,000 when the other vehicle was uninsured or insured for less than those limits.
2. The perceived expectations of a party may not override the clear language of a contract.
3. Foremost was entitled to summary disposition, and the case was remanded to the Wayne Circuit Court for entry of summary disposition in its favor.

Questions Presented

1. Whether the policy's combined uninsured and underinsured motorist coverage was illusory because the insured could not recover benefits specifically labeled underinsured motorist benefits under the selected policy limits.
2. Whether the insured's perceived or reasonable expectations could override the clear language of the insurance contract.
3. Whether Foremost was entitled to summary disposition after the Court concluded that the policy was not illusory.

Disposition

reversed_and_remanded