Michigan Court of Appeals; Docket #308737; Unpublished
Judges Talbot, Wilder, and Stephens; Unanimous; Per Curiam;
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Disqualification for Nonresidents [§3113(c)]
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf of Nonresidents Injured in Michigan [§3163(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Michigan Court of Appeals affirmed summary disposition granted in favor of plaintiff United Farm Family Mutual Insurance Company, holding it was not obligated to pay Michigan no-fault PIP benefits to defendants Bruss because the plaintiff insurance company was not a certified insurer within the meaning of MCL 500.3163.
Defendants David and Nickolas Bruss were involved in a motor vehicle accident and claimed entitlement to Michigan PIP benefits from United Farm Family Mutual Insurance Company. Defendants Bruss were not residents of the state of Michigan.
The case turned on whether the insurance company was certified pursuant to the requirements of MCL 500.3163 which states that:
“(1) An insurer authorized to transact automobile liability insurance and personal and property protection insurance in this state shall file and maintain a written certification that any accidental bodily injury or property damage occurring in this state arising from the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle by an out-of-state resident who is insured under its automobile liability insurance policies, is subject to the personal and property protection insurance system under this act.” (emphasis in original)
The provisions of MCL 500.3113(c) state that a person is not entitled to no-fault benefits if the person was not a resident of this State, was an occupant of a motor vehicle or motorcycle not registered in this State, and was not insured by an insurer which has filed a certification in compliance with §3163.
The trial court determined in this case that the facts were undisputed that the United Farm Family Mutual Insurance Company had not filed a certification pursuant to MCL 500.3163. The Court further held that “admissions and representations by an insurance company’s agents after a claim arose” do not satisfy the certification requirements of MCL 500.3163.
