Michigan Court of Appeals; Docket No. 79298; Published
Judges Holbrook, Beasley, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: 146 Mich App 510; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unanimous Opinion by Judge Simon, the court held that where an insurance company that would not be the primary insurer under the priority provisions or the no-fault statute, can become the primary insurer by virtue of its insurance contract providing that its coverage is primary over other coverages. Plaintiff Doss owned a vehicle which was insured by Citizens. He rented a vehicle which was insured by Liberty Mutual. The insurance policy on the rented vehicle stated that it was "primary with respect to any other insurance which may be available to customer... and shall automatically conform to the requirements of any so-called no-fault law which may be applicable." The court held that even though Citizens would be primary under the terms of §3114(1), the fact that Liberty Mutual sold a policy which made Liberty's coverage primary would make Liberty Mutual the primary insurer.