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Policy Language Leads to $200K Loss for Insurer in Michigan Lawsuit

January 4, 2018

A dispute over four words will cost an insurance company about $200,000.

A federal appeals court in Michigan has ruled in favor of a man in the Grand Rapids area who suffered serious injuries during a motorbike crash in 2013. Beau Heimer was 22 at the time and had been drinking alcohol before a game of chicken in rural Kent County.

Companion Life rejected Heimer’s claim for medical expenses, saying the policy didn’t cover injuries from the “illegal use of alcohol.”

But the appeals court says Heimer’s use of alcohol wasn’t illegal. The court said that riding the motorbike after drinking was illegal.

Judge David McKeague says the insurance company “must bear the consequences” of how the policy was written.

Topics Lawsuits Carriers Profit Loss Michigan

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Latest Comments

  • January 8, 2018 at 5:16 pm
    ADifferentGent says:
    This is a good story and it is presented well, but it isn't correct. I don't dispute that a claims department said this - pedants often unknowingly hide major mistakes they c... read more
  • January 8, 2018 at 11:58 am
    Dee says:
    While driving under the influence might be construed as illegal 'use' of alcohol, clearly the wording was too vague if DUI was the intended exclusion. The legal 'experts' who... read more
  • January 4, 2018 at 4:48 pm
    Vince says:
    Words mean what words mean. Early in my career back when underwriters still hand wrote policies for specific risks I encountered a claim on a policy written for "fire insuran... read more

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