Meyers v Auto-Owners; (ACC-UNP, 11/26/1984; RB # 796)

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Allegan County Circuit Court; Docket No. 84-6333-CK; Unpublished  
Written Opinion by Judge George Corsiglia    
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Disqualification for Nonresidents [§3113(c)]  
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf of Nonresidents Injured in Michigan [§3163(1)]  
When Claimants Can Receive PIP Benefits Through the Assigned Claims Facility [§3172(1)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this written Opinion regarding the out-of-state disqualification provisions of §3113(c) Judge Corsiglia held that a plaintiff was not entitled to recover no-fault benefits as a result of an accident which occurred in Michigan where the plaintiff was not a resident of this state, was an occupant of a motor vehicle that was not registered in this state and the vehicle was not insured by an insures who filed a certification in compliance with §3163. The Supreme Court's recent opinion in Mills v Auto-Owners (item number 605) did not change the result inasmuch as the Mills case dealt with an out-of-state plaintiff who was operating a motorcycle, not a motor vehicle, at the time of his accident. Finally, the Court held that the plaintiff was not entitled to recover no-fault benefits through the assigned claims facility pursuant to §3172 inasmuch as she was not otherwise, "a person entitled to claim" benefits.