Franklin v Farmers Insurance Exchange; (WCC-UNP, 10/16/1975; RB #11)

Print

Wayne County Circuit Court; Case No. 75-052-626-NI; Unpublished   
Judge Thomas Roumell  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:
Not Applicable

TOPICAL INDEXING:
Legislative Purpose and Intent   


CASE SUMMARY: 
The court held that MCLA 500.3030, prohibiting the naming of an insurer as a party-defendant, is not applicable to cases filed under the no-fault law. In this case, the plaintiff was injured while a passenger in a vehicle driven by defendant insurance company's insured policyholder. The court permitted the plaintiff to name the insurance company as a party-defendant on the grounds that the no-fault law has "effectively removed liability from the individual tortfeasor and created a direct obligation from his insurer to the injured party through the insurance policy, which then affords the injured plaintiff a direct benefit as a third-party beneficiary who can sue the insurer on his own to enforce the right to such benefit"