Michigan Court of Appeals; Docket No. 212840; Unpublished
Judges Hood, Saad, and O'Connell; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Liability Policy Exclusions for Intentionally Caused Injury [§3131]
Liability for Intentionally Caused Harm [§3135(3)(a)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This unanimous per curiam Opinion involves a declaratory judgment action filed by plaintiff Titan against Defendant Seifert, alleging that Titan's automobile no-fault liability policy does not provide liability coverage for injuries suffered by Seifert, because Titan's insured, LaBelle, intentionally caused the accident while attempting to commit suicide. The trial court granted summary disposition in favor of defendant Seifert and against Titan Insurance Company, on the basis that LaBelle was actually intoxicated with a blood alcohol level of .27, and that the suicide story was merely a fabrication. The Court of Appeals ruled that summary disposition was inappropriate, because there were disputed questions of fact that required jury determination.
[Author's Comment: It is respectfully submitted that the analysis in this case is wrong for the reason it ignores section 3131 of the no-fault statute. This section requires that all automobile no-fault policies must contain residual liability insurance which "shall afford coverage for automobile liability retained by section 3135." Section 3135(3) retains liability for "intentionally caused harm to persons or property." Therefore, because LaBelle retains liability for intentionally inflicted damage, Titan must insure that liability under section 3131.]
