Kill v Nationwide Mutual Insurance Company; (COA-UNP, 6/8/1981; RB #419)

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Michigan Court of Appeals; Docket No. 48464; Unpublished  
Judges Riley, Bashara, and MacKenzie; Unanimous; Per Curiam  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf of Nonresidents Injured in Michigan [§3163(1)]  
Rights and Immunities Applicable to Nonresident Claimants and Foreign Insurers [§3163(3)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In a unanimous per curiam Opinion relying upon the previous opinion in Mills v Auto-Owners (item number 363), the Court of Appeals held that a nonresident motorcyclist who is insured under an automobile policy issued in another state by an insurance company authorized to do business in Michigan, is entitled to recover no-fault benefits under this out of state policy when involved in a motorcycle-automobile collision in Michigan. The Court held that the provisions of §3163 regarding foreign insurers operate to subject the nonresident's insurance company to the no-fault system in this state as if the insurer were insuring a Michigan resident under Michigan law. This interpretation would allow nonresidents to recover from their own insurance companies under §3163 even though the insured person was operating a motorcycle at the time of an accident. The fact that the injured person was not operating a motor vehicle is of no consequence as long as a motor vehicle was somehow involved in the accident.