634 F.3d 364
6th Cir.2011Background
- Antons sued National Union over underinsured motorists (UIM) coverage under GM’s commercial policy.
- Policy covers GM autos; UIM is optional and contained in separate endorsements, not in the main form.
- No Michigan UIM endorsement exists in the Policy; some endorsements cover other states; Ohio is explicitly excluded.
- Declarations indicate premium for endorsements is included; UIM is not automatically included nationwide absent endorsements.
- Extrinsic evidence (binders and communications) suggested no UIM in MI, but the court treats the contract as unambiguous and controlling.
- GM vehicle involved in Michigan incident; district court granted summary judgment for National Union; Antons appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Policy provides UIM coverage in Michigan. | Antons contend no geographic limitation; coverage implied by inclusion. | Policy Endorsements control UIM; no MI Endorsement means no MI UIM. | No UIM coverage for Michigan; policy unambiguous. |
| Whether the UIM language is ambiguous and requires parol evidence. | Ambiguity exists; parol evidence may clarify. | Policy language unambiguous; extrinsic evidence not considered. | Contract unambiguous; extrinsic evidence not required. |
| Role of Endorsements vs. Form in determining UIM obligations. | Endorsements should show existence of coverage. | Endorsements establish both existence and limits; Form contains no UIM coverage. | Endorsements set limits/obligations; Form does not provide UIM. |
Key Cases Cited
- Lytle v. Freedom Int'l Carrier, S.A., 519 F.2d 129 (6th Cir. 1975) (construe entire policy and endorsement as one document)
- Advance Watch Co. v. Kemper Nat'l Ins. Co., 99 F.3d 795 (6th Cir. 1996) (interpret contract to give effect to all provisions)
- Wonderland Shopping Ctr. Venture Ltd. P'ship v. CDC Mortg. Capital, Inc., 274 F.3d 1085 (6th Cir. 2001) (parol evidence reserved to resolve ambiguity)
- McDonald v. Farm Bureau Ins. Co., 480 Mich. 191 (2008) (Michigan law on optional UIM coverage)
- N. Am. Specialty Ins. Co. v. Myers, 111 F.3d 1273 (6th Cir. 1997) (binder evidence; temporary insurance; not controlling contract)