Michigan Court of Appeals; Docket No 79903; Published
Judges Danhof, T. M. Burns, and Beasley; Unanimous
Official Michigan Reporter Citation: 142 Mich App 54, Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3172]
TOPICAL INDEXING:
Revised Judicature Act – Miscellaneous Provisions
CASE SUMMARY:
In this unanimous Opinion by Judge Danhof, the Court of Appeals held that the Circuit Court had jurisdiction over a claim filed against the Assigned Claims Facility of the Michigan Department of State rather than the Court of Claims.
Plaintiff, a resident of Indiana, filed suit in Ingham County Circuit Court alleging that he was injured as a result of the ownership, maintenance, use or operation of a motor vehicle. He claimed that, since neither he nor the vehicle involved in the accident had a policy of no-fault insurance, no-fault benefits were due and owing him through the Assigned Claims Facility. The Assigned Claims Facility denied the claim, and plaintiff commenced suit alleging entitlement to benefits. The Secretary of State failed to respond and was defaulted. On appeal, the Secretary of State argued that the Court of Claims had exclusive jurisdiction over such claims pursuant to MCLA 600.6419(1).
On appeal, the Court of Appeals held that the provisions of §3172 clearly contemplated that the Assigned Claims Facility's participation in the no-fault system would be in much the same manner as a private insurer, and therefore, the circuit court had jurisdiction over disputes between claimant and the Assigned Claims Facility.
