Muskegon County Circuit Court; Docket No. 88-24207-CK;
Judge Michael E. Kobza
Official Michigan Reporter Citation: ________; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
Equal Priority Situations [§3114(6)]
Determination of Involved Vehicle [§3114]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written opinion, Judge Kobza decided a dispute among several insurers as to which would be liable to pay no-fault benefits to an injured motorcyclist.
The accident occurred when a Sheriffs Deputy cruiser (self-insured by the county of Muskegon) entered an intersection on a red light. A vehicle driven by Belinda Stacey (insured by Michigan Mutual) stopped suddenly to avoid hitting the cruiser. Behind her, a vehicle driven by Gary Ward (insured by Cadillac Insurance Company) swerved to the left of Stacey, and then slammed on his brakes. When his lane was invaded by the Ward vehicle, plaintiff Beam, riding a motorcycle in the same direction as the automobiles, laid down his cycle and was injured.
The motorcycle was uninsured for no-fault benefits. Plaintiff Beam had no-fault coverage on an automobile owned by him, but that insurer (Citizens) was dismissed by the court, it being clear that an insurer of a vehicle not involved in the accident is a lower priority than the insurer of the vehicle involved in the accident.
The court held that all three automobiles were "involved" in the accident (even though there was no contact among any of them), so that Michigan Mutual, Cadillac Insurance and the county of Muskegon would divide the liability for Beam's no-fault benefits pro rata. The court rejected an argument that the liability should be apportioned by degree of fault.
The court also rejected Muskegon County's argument that governmental immunity barred the county's liability to pay no-fault benefits.
[Editor's Note: See also, Item No. 1263, which dealt with similar issues of involvement and pro rata apportionment.]
