A young Michigan man wrecked his motorbike one April evening after consuming a few too many drinks. (It’s unclear just what he had to drink, nor is it particularly important, but we’ll assume it was a Founder’s All Day IPA in keeping with the complaint’s filing in Grand Rapids). As a consequence, he incurred nearly $200,000 in medical bills.
When the young man submitted those medical bills to his insurer, however, he was denied coverage due to a policy exclusion for injuries “occurr[ing] as a result of a Covered Person’s illegal use of alcohol.” Perhaps the young man lost heart when he first read this exclusion. But his lawyers did not. They asked the $64,000 question: while driving under the influence is undoubtedly illegal, is it the illegal use of alcohol within the meaning of the insurance policy? Continue reading