Michigan Court of Appeals; Docket No.307745; Unpublished
Judges Donofrio, Markey, and Owens; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion:
STATUTORY INDEXING:
Definition of Owner [§3101(2)(h)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Michigan Court of Appeals held that plaintiff was precluded from recovering personal injury protection (PIP) benefits under the provisions of MCL 500.3113(b), because he had the use of the uninsured vehicle involved in the accident for a period greater than 30 days and, therefore, was considered to be its “owner” within the meaning of MCL 500.3101(2)(h)(i).
Plaintiff was injured in an automobile accident while driving a vehicle that his girlfriend’s mother had given to her. Plaintiff lived with his girlfriend and had his own set of keys to the vehicle which was parked at their apartment. Plaintiff also testified that he was not required to ask permission before using the car, and his right to use the vehicle at will had existed for approximately six months before the accident.
Even though the plaintiff had not regularly driven the vehicle, the evidence indicated he had a “right to use the vehicle” in a manner that comported with concepts of ownership.
In reliance on previous decisions, including Ardt v Titan Ins Co, 233 Mich App 685 (1999), the court interpreted the facts presented as indicative of plaintiff having “proprietary or possessory usage” as opposed to merely “incidental usage” within the meaning of the provisions of MCL 500.3101(2)(h), which provides the statutory definition of “owner” as including “a person renting a motor vehicle or having the use thereof, under a lease or otherwise, for a period that is greater than 30 days.” Because he was considered to be an “owner,” the plaintiff was precluded from receiving no-fault benefits under §3113(b) which specifically precludes payment of PIP benefits for accidental bodily injury, if at the time of the accident, the injured person was the owner or registrant of a motor vehicle involved in the accident with respect to which the required security under §3101 was not in effect.
The court also noted that under Twichel v MIC General Ins Corp, 469 Mich 524 (2004), it is not necessary that a person actually have used the vehicle for a 30 day period before a finding may be made that the person is the owner.
Accordingly, the Court of Appeals reversed the trial court Order denying defendant’s motion for summary disposition and remanded for entry of a Judgment in State Farm’s favor.
