United States Court of Appeals for the Sixth Circuit; Case No. 87-1301; Published
Judges Martin, Guy, and Boggs; Unanimous
Official Federal Reporter Citation: 896 F2d 1034; Link to Opinion
STATUTORY INDEXING:
Reimbursement of Member Claims [§3104]
Nonresident Claimants [§3104]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Guy, the United States Sixth Circuit reversed and remanded the district court decision holding that the Michigan Catastrophic Claims Association was obligated to indemnify member insurers for losses paid in excess of $250,000 to insureds who are not residents of the state of Michigan, but who are insured as a result of an automobile accident occurring in the state of Michigan.
The United States Sixth Circuit based its decision on the opinion of the Michigan Supreme Court in the case of In Re: Certified Question, Preferred Risk Mutual v Michigan Catastrophic Claims Association, 433 Mich 710 (1989). [See Item No. 1323.]
Based upon the Supreme Court's holding that the Catastrophic Claims Act did not require such indemnification for losses paid to insureds who are not residents of the state of Michigan, the United States Court of Appeals reversed the decision of the district court and remanded for further proceedings.