Deborah Hebert obtains favorable ruling from Michigan Supreme Court


In an order issued March 12, 2010, the Supreme Court summarily reversed a published and precedent setting decision of the Court of Appeals that would have effectively transformed commercial UM coverage into excess coverage for the tortfeasor. See Berkeypile v Westfield Ins Co, 280 Mich App 179 (2009) rev’sd 2010 Mich Lexis 427. The Supreme Court held that the Court of Appeals failed to consider a provision in the policy limiting the insured’s maximum recovery under all available policies, and also misconstrued the basic insuring agreement. Collins Einhorn attorney Deborah Hebert represented Westfield when the UM claim was made, during settlement discussions in the underlying tort case, and throughout the coverage action, both in the trial court and on appeal.

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