Michigan Court of Appeals; Docket No. 72350; Published
Judges MacKenzie, Gillis, and Fitzgerald; Unanimous; Per Curiam
Official Michigan Reporter Citation: 138 Mich App 782; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3108]
General Rule of Priority [§3114(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This unanimous per curiam Opinion relies on the previous decisions in State Farm v Citizens Insurance Company (item number 344) and Johnson v MEEMIC (item number 764) and holds that, for purposes of determining priority of benefits, the insurance policy on the vehicle which was driven by plaintiff’s deceased wife at the time of her death is the policy which pays survivors' loss benefits rather than the policies issued to decedent's two sons who both resided in the family home. In citing these two previous cases, the Court held that where two or more insurer's could be liable for the payment of no-fault benefits under §3114(1), that section should be interpreted as making the insurer of the vehicle involved in the accident solely responsible liable for payment of no-fault benefits, without entitlement to recoupment from other insurers of vehicles in the victim's household.
