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Black v Auto Club Insurance Association; (COA-UNP, 7/28/1995; RB #1797)

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Michigan Court of Appeals; Docket No. 165801; Unpublished  
Judges Murphy, O'Connell, and Cashen; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Allowable Expenses for Home Accommodations [§3107(1)(a)]

TOPICAL INDEXING:  
Not Applicable   


CASE SUMMARY:  
In this unanimous per curiam unpublished Opinion, the Court of Appeals affirmed entry of summary disposition in favor of plaintiff, holding that she was entitled to claim the full monthly rental for her barrier-free apartment as an allowable expense under §3107(l)(a).  

Plaintiff was rendered a quadriplegic as a result of injuries she received in an automobile accident Before the accident, she lived in an apartment. After the accident she moved into a barrier-free and handicap accessible apartment Auto Club claimed that the full monthly rental for plaintiffs barrier-free apartment was not an "allowable expense" under §3107(l)(a), and reimbursed her only for the difference between the amount of her rent from the apartment she lived in before the accident and the more expensive rent of her barrier-free apartment.  

The trial court granted plaintifTs motion for summary disposition based on Sharp v Preferred Risk Mutual Insurance Co, 142 Mich App 499 (1985) and ordered Auto Club to pay the back rent. In upholding the trial court, the Court of Appeals held that Sharp, supra, had rejected defendant's argument and ordered that the entire rent be paid.


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