Michigan Court of Appeals; Docket No. 198120; Unpublished
Judges Cavanagh, White, and Young; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Recoupment Between Equal Priority Insurers [§3115(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion involving a priority dispute between two no-fault carriers regarding responsibility for payment of plaintiff’s medical expenses arising out of multiple accidents, the Court of Appeals held that a no-fault insurance company is liable to pay PIP benefits for bodily injury that arises from a specific and identifiable motor vehicle accident, including any aggravation of injuries originally caused by previous accidents. In this case, the insured persons were injured in car accidents that occurred in 1976 and 1977 (while insured by defendant Aetna Casualty), and in 1981 (while insured by plaintiff Mid Century). The Court of Appeals rejected plaintiff Mid Century's argument that because several doctors had been unable to determine the extent to which the 1981 accident aggravated pre-existing conditions from the previous two accidents, liability for medical expenses incurred after the 1981 accident should be shared between Mid Century and Aetna pursuant to the pro-rata recoupment provisions of §3115(2). The Court of Appeals held that the recoupment provisions of §3115 only apply "where there is a single identifiable event or accident and two or more insurers have issued policies making them equally responsible for the payment of personal protection benefits for injuries arising from that accident. ...In other words, recoupment under §3115 as well as under the common law, applies only where two or more insurers are each liable for the same loss.... Here, it is clear that Aetna and Mid Century are not liable for the same loss. To the contrary, Aetna is liable for the loss resulting from the 1976 and 1977 accidents, while Mid Century is liable for the loss, if any, attributable to the 1981 accident. Accordingly, because recoupment does not apply under these circumstances, the trial court properly granted summary disposition in favor of Aetna What remains, then, is Mid Century's own liability to pay benefits, which, as stated, necessarily depends on the connection between the injuries and the 1981 accident, a factual question to be resolved in the underlying lawsuit."
