Michigan Court of Appeals; Docket No. 160289; Unpublished
Judges Hood, Marilyn Kelly, and Martlew; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Disqualification for Intentionally Suffered Injury [§3105(4)]
TOPICAL INDEXING:
Evidentiary Issues
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed the trial court's grant of summary disposition in favor of defendant insurance company in a suit for no-fault first-party benefits where the court concluded plaintiff intended his injuries.
Plaintiff was injured when he exited a moving van that he was driving after a quarrel with his girlfriend. Defendant insurer denied no-fault first-party coverage on the grounds that plaintiffs injuries were intentionally inflicted. The trial court granted summary disposition in favor of defendant, concluding that the insurer had no obligation to provide coverage under the circumstances.
The Court of Appeals first noted that the trial court properly held that it must be demonstrated that plaintiff intended both his actions and the resulting injury, not just the act that resulted in the injuries. The Court of Appeals held that the trial court did err by referring to an objective standard when considering if plaintiff intended his injuries when when in actuality a subjective standard is to be applied. Nonetheless, in viewing the facts in the light most favorable to the plaintiff, the court held that the plaintiffs intent to cause injury to himself can be inferred from his acts which were not disputed as being intentional. Finally, the Court of Appeals held that plaintiff could not create a question of material fact by submitting an affidavit that contradicted admissions made in his deposition. Furthermore, the fact that plaintiff claimed to be voluntarily intoxicated at the time of the incident would not vitiate his intent.
