Michigan Court of Appeals; Docket No. 102475; Published
Judges Weaver, Maher, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: 173 Mich App 518; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Michigan Property and Casualty Guaranty Association (MPCGA – MCL 500.7901, et seq.)
CASE SUMMARY:
In this published per curiam Opinion, the Court of Appeals addressed an apparent issue of first impression regarding whether the Michigan Property and Casualty Guaranty Association could be named as a party in a tort action arising out of a motor vehicle accident.
Plaintiff was injured when he was struck by a rented vehicle insured by an insurance company which later was adjudged insolvent. Because of the insolvency of the insurance company, the Michigan Property and Casualty Guaranty Association was responsible for claims such as those of the plaintiff against the insureds of the insolvent insurance company.
The plaintiff named in the lawsuit, the driver of the insured vehicle, the owner, and in addition, the Michigan Property and Casualty Guaranty Association. The trial court dismissed the action against the Association, based in part upon the provisions of MCLA 500.3030, which prohibits naming an insurance company in an original action by the injured person.
On appeal, the Court of Appeals affirmed the decision of the trial court. The Court of Appeals rejected plaintiff’s argument that the provisions of MCLA 500.7911(3) made §3030 inapplicable. The court held that §7911(31) was intended to relieve the Association of the burden of complying with other provisions of the Insurance Code. Section 7931 (2) provided that the Guaranty Association should have "the same rights as the insolvent insurer would have" were it not in receivership. Thus, the court held that the Association had the same rights of any other insurer in this state, including the right not to be named as a party defendant in an original action brought by the injured person.
