Michigan Court of Appeals; Docket No. 111127; Unpublished
Judges Riley, Griffin, and Kavanagh; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability for Intentionally Caused Harm [§3135(3)(a)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this short per curiam Opinion, the court dealt with whether an automobile insurer is obligated to provide liability coverage when its insured intentionally injures another with an automobile. In this case, the insured plead guilty to the criminal charge of attempted felonious driving. The Court of Appeals agreed with the trial court that the insured's plea of guilty did not, as a matter of law, preclude coverage under the insurance policy and held that genuine issues of material fact existed that precluded summary disposition.
[Editor's Comment: It is respectfully submitted that the court erred in not disposing of this case on legal grounds. Section 3135(2)(a) of the no-fault statute preserves liability for intentionally caused injury. Section 3131(1) requires that residual liability coverage applied to all liability "retained by §3135." Therefore, even if the actions of the insured were intentional, the statute obligates an insured to extend coverage to such acts. See, DAIIE v Higgenbotham (Item No. 269) and A & G Associates v Michigan Mutual (Item No. 456).]