Huron County Circuit Court; Docket No. 81-003990-CZ; Unpublished
Judge M. Richard Knoblock; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
No Lien as to Noneconomic or Excess Economic Loss [§3116(4)]
No Lien as to Non Motorist Tort Recoveries [§3116]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Knoblock held that pursuant to the reasoning of the Court of Appeals in Schwark v Lilly (item number 218) a no-fault insurer is not entitled to reimbursement from an insured's recovery of economic losses in an out of state products liability action. Furthermore, because the Federal Court in this products liability action ruled that the Michigan law of damages applied to the case, the no-fault carrier was not permitted any reimbursement out of that portion of the tort recovery which was based upon automobile negligence.