Auto-Owners subsidiary loses effort to control out-of-state underinsured motorist coverage claim
Teresa Tolsma was injured in a Texas motor vehicle collision. The driver of her car was insured through Home-Owners, an Auto Owners subsidiary. Tolsma joined an Underinsured Motorist Claim against the insurer in her liability claim against the at-fault in Texas. Soon after, Home-Owners sued her in Michigan, attempting to deny her right to qualify for UIM benefits. The Court of Appeals held that although there was some confusion of names in the Texas litigation, Home-Owners was joined in the original suit in Texas, where the injury occurred, and therefore the Texas Court system has jurisdiction over the incident and over Tolsma's claim.