Allegan County Circuit Court; Docket No. 84-6333-CK; Unpublished
Written Opinion by Judge George Corsiglia
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Disqualification for Nonresidents [§3113(c)]
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf of Nonresidents Injured in Michigan [§3163(1)]
When Claimants Can Receive PIP Benefits Through the Assigned Claims Facility [§3172(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion regarding the out-of-state disqualification provisions of §3113(c) Judge Corsiglia held that a plaintiff was not entitled to recover no-fault benefits as a result of an accident which occurred in Michigan where the plaintiff was not a resident of this state, was an occupant of a motor vehicle that was not registered in this state and the vehicle was not insured by an insures who filed a certification in compliance with §3163. The Supreme Court's recent opinion in Mills v Auto-Owners (item number 605) did not change the result inasmuch as the Mills case dealt with an out-of-state plaintiff who was operating a motorcycle, not a motor vehicle, at the time of his accident. Finally, the Court held that the plaintiff was not entitled to recover no-fault benefits through the assigned claims facility pursuant to §3172 inasmuch as she was not otherwise, "a person entitled to claim" benefits.