Wayne County Circuit Court; Docket No. CA No. 81 116-948 CK
Opinion byJudge Paul S. Teranes; Unpublished
Official Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMRY:
In this written Opinion, Judge Teranes denied no-fault benefits to plaintiff pursuant to the disqualification provisions of §3113(b) where plaintiff was driving an uninsured 1978 Chevrolet bearing a Michigan license plate registered to a 1972 Cadillac which was titled to the plaintiff. The Cadillac was also uninsured. The issue was whether or not plaintiff was the "owner" of the 1978 Chevrolet by virtue of the fact that his 1972 Cadillac license plates were on the vehicle. Judge Teranes ruled that plaintiff was in fact the owner of the Chevrolet because of the use of his Cadillac license plates on that vehicle. Judge Teranes cited a pre-no-fault opinion by the Supreme Court in Wieland v Kenny, 385 Mich 654 (1971) and held that public policy militates in favor of such a ruling in that the license plate which an automobile bears is relied upon by the public and law enforcement authorities as a sign of the ownership of the automobile.