Macomb County Circuit Court; Docket Nos. 822535-NO and 83-45-CZ;____
Judge Lawrence Zatkoff;
Official Michigan Reporter Citation:____; Link to Opinion 
STATUTORY INDEXING:
Scope of Mandated Coverages [§3131(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Zatkoff ruled that the liability insurance carrier for the automobile in which the tortfeasor was a passenger must provide residual liability coverage for an intentional act committed by the passenger which caused injury to plaintiff who was riding his bicycle nearby. Judge Zatkoff relied on the previous Court of Appeals opinion in DAIIE v Higginbotham (Item No. 269) and §3131 of the statute which requires that any insurance policy issued under the no-fault act contain coverage for all liability retained by §3135. This latter section clearly retains liability for intentional acts. Therefore, the auto insurer owed coverage.