Michigan Court of Appeals; Docket No. 171245; Published
Judges Doctoroff, Hood, and Gribbs; Unanimous; Per Curiam
Official Michigan Reporter Citation: 216 Mich App 261; Link to Opinion 
STATUTORY INDEXING:
Resident Relatives [§3114(1)]
TOPICAL INDEXING:
Revised Judicature Act – Miscellaneous Provisions
CASE SUMMARY:
In this unanimous per curiam published Opinion, the Court of Appeals held that the claimant who lived with his girlfriend and their 2-year old daughter was not a person named in the policy, within the meaning of section 3114(1) for purposes of claiming coverage for no-fault benefits, merely by reason of the fact that his 2-year old daughter was listed in the declaration page of his girlfriend's insurance policy as a “future driver” in the driver information portion of those declarations. The court held that plaintiff could not claim that he was a “relative” of a person named in the policy, merely because his 2-year old daughter was listed on the policy for informational purposes.
The Court of Appeals held that the phrase "the person named in the policy" as used in section 3114(1) is synonymous with the term "the named insured." Merely listing a person as a designated driver on a no-fault policy does not make the person a "named insured."
The Court of Appeals also rejected plaintiff’s argument that he was a relative of his girlfriend, pursuant to the term “relative” defined in the policy as a "person related to the named insured by blood, marriage or adoption." It was undisputed that plaintiff was neither married to nor adopted by his girlfriend, nor could it be established that he was related "by blood" to his girlfriend.
The Court of Appeals further upheld an award of attorney fees under MCLA 600.2591 (3)(a) on the grounds that plaintiff’s claim was frivolous and devoid of arguable legal merit.
