Michigan Court of Appeals; Docket No. 59717; Published
Judges Cynar, Kaufman, and Mahinske; Unanimous; Per Curiam
Official Michigan Reporter Citation: 119 Mich App 801; Link to Opinion
STATUTORY INDEXING:
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf of Nonresidents Injured in Michigan [§3163(1)]
Rights and Immunities Applicable to Nonresident Claimants and Foreign Insurers [§3163(3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This unanimous per curiam Opinion deals with the "foreign insurer" provisions of §3163, in light of the Supreme Court's recent opinion in Mills v Auto Owners, item number 536. Relying on Mills, this panel of the Court of Appeals unanimously held that a. pedestrian resident of the State of Washington who was run over by a Michigan insured vehicle at the Detroit Metropolitan Airport was entitled to recover no-fault benefits from the insurer of the Michigan vehicle, even though the injured out-of-state resident was insured by a no-fault company licensed to do business in Michigan under §3163. Even though the Mills decision specifically dealt with a motorcyclist, the Court of Appeals held that previous decisions by the Supreme Court (Underhill v Safeco, item number 249) hold that motorcyclists, pedestrians, and bicyclists are comparable for purposes of determining priority of no-fault payments.