United States District Court, Eastern District of Michigan; Docket No. 86-CV-10438-BC
Judge James P. Churchill; Written Memorandum Opinion; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written memorandum Opinion, Judge Churchill addressed the issue concerning whether non-resident motorists who are not covered by qualifying no-fault insurance are entitled to the protections contained in the threshold limitations of §3135.
This case involved an action by an Illinois resident against a Canadian National based upon an automobile collision that occurred in Michigan. The defendant was insured by the Insurance Corporation of British Columbia, which was not, and never has been, "an insurer duly authorized to transact business in Michigan" under the provisions of §3101. Defendant sought to obtain the advantage of the threshold language of §3135(2).
Judge Churchill held that the broad abrogation of tort liability in §3135(2) is wholly inapplicable in cases involving defendants who are not covered by insurance as required by §3101(3) and (4). Absent the protection of Michigan's threshold requirements the defendant is exposed to unlimited tort liability the defendant cannot avail himself of the benefits of the No-Fault Act without assuming the Act's burdens.