In, State Farm v. MMRMA, the Michigan Court of Appeals addressed whether a police vehicle in pursuit of an uninsured motorcyclist who was fleeing was sufficiently "involved" in an accident between the motorcyclist and another vehicle such that the insurer of the latter vehicle (State Farm) could seek pro rata contribution from the county's insurer, the [...]
Tag: personal insurance protection benefits
Michigan Supreme Court Rules Physical Custody of Children Per Court Order Under Child Custody Act Determines “Domicile” for Purposes of Allocating Priority of Coverage and Risk Sharing Among Automobile Insurers Under Michigan’s Automobile No-Fault Insurance Act
In a 4-3 opinion (authored by Justice Kelly and Joined by Chief Justice Young and Justices Cavanagh and Viviano) the Court addressed the meaning of the legal term “domiciled” in MCL 500.3114(1) of Michigan's No-Fault Automobile Insurance Act, which establishes the primary insurer for purposes of covering claims arising out of injuries from automobile accidents. [...]
Michigan Supreme Court Issues Important 6-1 Decision on Priority of Payments for PIP Benefits and Rules Against Double Recovery
In Harris v. Auto Club.07.29.2013, the Michigan Supreme Court has ruled a plaintiff injured in a motor vehicle accident was not entitled to double recovery of medical benefits under the automobile liability policy issued to the owner of the motor vehicle involved in the accident. The plaintiff was injured when his motorcycle was struck by a [...]
No-Fault Insurer Entitled to Judgment on Hospital’s Claim for Reimbursement of Medical Expenses for Motorcyclist’s Injuries for Accident Caused in Avoiding Collision with Motor Vehicle
In DMC v. Progressive, The Court of Appeals reversed a trial court judgment for the plaintiff hospital which sought reimbursement from defendant no-fault insurer of medical expenses for care to an injured motorcyclist. The motorcyclist suffered serious injuries after he ditched his bike to avoid a collision with an automobile about to cross into his path. [...]