Michigan Court of Appeals; Docket No. 62473; Published
Judges Walch, Allen, and Cavanagh; Unanimous
Official Michigan Reporter Citation: 121 Mich App 827; Link to Opinion 
STATUTORY INDEXING:
Resident Relatives [§3114(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Walsh, the Court of Appeals, relying on Jacobs v Michigan Mutual, item number 392, held that the meaning of the word "spouse" as that term is used in §3114(1) means "legal husband" or "legal wife." The Court stated, "The Michigan legislature which has expressly provided that common law marriages are no longer recognized in this state, clearly did not intend that 'common law spouses' be treated as spouses for purposes of the No-Fault Act" Thus, an injured child was not permitted to claim under a no-fault policy issued to an unrelated man living with the child's mother at the time of the accident.
