As in many tort cases, the facts are unfortunate: Chris Boertmann was driving home from a wedding on his motorcycle, when he was hit by a car and killed. But the plaintiff here is Gale Boertmann, Chris's mother, who was driving behind him. She wasn't involved in the accident, but she witnessed her son being killed, and says she incurred tens of thousands of dollars of medical bills over the emotional trauma. Who should pay? According to Boertmann, her own auto insurer: after all, she was driving in her insured vehicle when she suffered the injury. The insurer protested that that wasn't what the insurance policy covered, but a Michigan-state trial court and appellate court have found the insurer liable. The case is on appeal to the Michigan Supreme Court. [ABAJ]
And this is why your Michigan auto insurance is so expensive: Boertmann v. Cincinnati Insurance
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



