Supreme Court to Address Court of Appeals Interpretation of “Unlawful Taking” of Motorcycle Under No-Fault Act, MCL 500.3113(a)

As I had predicted in August 2012, when the Court of Appeals issued its opinion in this case, the Supreme Court would likely have to further analyze the underlying issues regarding the meaning of an "unlawful taking" and therefore unauthorized use of a motorcycle or motor vehicle under Michigan's No-Fault Act.  I wrote extensively on [...]

Michigan Supreme Court Rules on Causal Connection Required to Receive No-Fault Benefits in Addressing Whether Plaintiff’s 2008 Spinal Cord Injury Suffered in a Motorcycle Accident Due to a Seizure “Arose Out Of” 2007 Motor Vehicle Accident in which Plaintiff Suffered a Brain Injury that Induced Seizures

In this recent opinion, the Michigan Supreme Court in a (5-1 opinion (Justice Cavanagh dissenting and Justice Viviano not participating)), rules that a plaintiff who was rendered a paraplegic after he suffered a seizure resulting in a crash while riding a motorcycle in 2008  was not entitled to no-fault benefits from the defendant insurance company, [...]