Michigan Court of Appeals; Docket #251096; Unpublished
Judges Talbot, Whitbeck and Jansen; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Scope of Mandated Coverages [3131(1)]
Liability Policy Exclusions for Intentionally Caused Injury [3131]
Liability for Intentionally Caused harm [3135(3)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed summary disposition for defendant-Baird, holding that a no-fault insurance company could not preclude liability coverage for intentional injury inflicted by a motor vehicle. Therefore, plaintiff had a duty to defend Kilgore in Baird’s underlying tort action against Kilgore. The plaintiff in this case argued that it had no duty to defend or indemnify Kilgore based on an intentional acts exclusion contained in plaintiff’s no-fault insurance policy. The Court of Appeals disagreed based on MCL 500.3131, which clearly provides that residual liability insurance must be extended for any liability retained by section 3135 of the Act. MCL 500.3135(3)(a), provides that tort liability is abolished except as to “intentionally caused harm to persons or property.” In this regard, the court stated:
“. . . an automobile insurance policy cannot exclude liability coverage for intentional torts. . . . Although plaintiff argues that this result is contrary to public policy, and that this Court should instead rely on the Uniform Motor Vehicle Accident Reparations Act, we are bound to apply the plain language of the statutes as written. Therefore, summary disposition was properly granted. ”
