Michigan Court of Appeals; Docket No. 141399; Published
Judges Doctoroff, M. J. Kelly, and Gribbs; Opinion by Judge Gribbs
Official Michigan Reporter Citation: 202 Mich App 278; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3116]
Distribution of Loss, Reimbursement and Indemnification Among PPI Insurers [§3127]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this published decision authored by Judge Gribbs, the Court of Appeals reversed an order of the circuit court denying defendant's motion for summary disposition in a case involving subrogation rights arising out of the payment of property protection benefits.
Plaintiff Citizens Insurance Company was the insurer of a vehicle owned by Messina Trucking Company which was involved in an accident resulting in property damage. Citizens paid benefits for the property damage to Messina, State of Michigan and Michigan Bell. It subsequently brought suit against defendants under a products liability theory, in order to seek reimbursement of no-fault benefits paid for the property damage.
The Court of Appeals held that under §3116, an insurance company may obtain reimbursement only in the following situations:
1. out-of-state accidents;
2. actions against uninsured owners or operators; or
3. accidents involving intentional torts.
The limitations on reimbursement, as set forth in §3116, are applicable to cases involving property protection insurance benefits under §3127. As plaintiff’s suit for subrogation is in the nature of reimbursement for no-fault property protection insurance benefits paid, its claim is barred, as none of the three exceptions set forth in §3116 are applicable in this case.
