Michigan Court of Appeals; Docket No. 88836; Unpublished
Judges Maher, Walsh, and Stell; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Rights and Immunities Applicable to Nonresident Claimants and Foreign Insurers [§3163(3)]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals rejected plaintiff’s argument that an April 19,1984 amendment to Michigan's no-fault law unconstitutionally impaired the automobile liability policy issued to plaintiff by the defendant in Colorado prior to the amendment. The statutory amendment revised the definition of "motor vehicle" to expressly exclude farm tractors and other implements of husbandry. Plaintiff was injured while riding a trailer being pulled by a tractor. The accident took place after the amendment, and occurred within the State of Michigan.
The Court held that the defendant's liability arose under §3163 of the No-Fault Act, which requires application of the relevant provisions of the Michigan statute "as they existed on the date of the accident." Citing Transport Insurance v Home Insurance (Item No. 737), the Court of Appeals held that the actual terms of the Colorado insurance policy were irrelevant under §3163.