Court Reverses Summary Disposition in No-Fault Insurance Case

Testimony that vehicle owner was insured at time of accident undermined by other evidence, appeals court rules.

Published on Mar. 2, 2026

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In a case involving uninsured motorist (UM) and underinsured motorist (UIM) benefits, the Michigan Court of Appeals has reversed a trial court's grant of partial summary disposition in favor of the defendant insurance company. The appeals court found that the testimony that the vehicle owner was insured at the time of the accident was undermined by other record evidence, creating a genuine issue of material fact that should be decided by a jury.

Why it matters

This case highlights the importance of carefully evaluating all evidence when determining insurance coverage, rather than relying solely on deposition testimony. The appeals court's decision ensures that the plaintiff will have the opportunity to present the full record to a jury to determine whether the vehicle owner was actually insured at the time of the accident, which is crucial for the plaintiff's ability to recover UM and UIM benefits.

The details

The case arose from a fatal motor vehicle accident in Detroit in May 2022, where the plaintiff, Marcus McAdoo, was struck by a vehicle driven by Arrianna Ware and owned by Joshua Powell. McAdoo sued seeking UM and UIM benefits from his insurer, Auto Owners Insurance. The trial court granted partial summary disposition in Auto Owners' favor based solely on Powell's deposition testimony that he had insurance at the time of the accident. However, the appeals court found that other record evidence, including insurance cancellation reports, Powell's driving history, and letters from insurance companies, undermined Powell's testimony and created a genuine issue of material fact that should be decided by a jury.

  • The fatal motor vehicle accident occurred in the early morning hours of May 20, 2022 in Detroit.
  • Five months before the May 2022 accident, Powell was cited for driving without insurance.

The players

Marcus McAdoo

The plaintiff who brought suit seeking uninsured motorist and underinsured motorist benefits.

Arrianna Ware

The driver of the vehicle that struck the plaintiff's vehicle, who was convicted of reckless driving causing death.

Joshua Powell

The owner of the vehicle driven by Arrianna Ware at the time of the accident, who testified that he had automobile insurance at the time.

Auto Owners Insurance

The defendant insurance company that was awarded partial summary disposition, which was later reversed on appeal.

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What they’re saying

“We hold that plaintiff adequately rebutted Auto Owners' motion and thus the trial court erred in granting partial summary disposition in Auto Owners' favor.”

— The Michigan Court of Appeals (Michigan Lawyers Weekly)

What’s next

The case has been remanded to the trial court for further proceedings to determine whether Joshua Powell was actually insured at the time of the accident, which will impact the plaintiff's ability to recover uninsured motorist and underinsured motorist benefits.

The takeaway

This case demonstrates the importance of thoroughly evaluating all evidence, rather than relying solely on deposition testimony, when determining insurance coverage issues. The appeals court's decision ensures that the plaintiff will have the opportunity to present the full record to a jury to decide the critical question of whether the vehicle owner was insured at the time of the accident.