Michigan Court of Appeals: Docket No. 52497; Published
Judges Walsh, Riley, and Kuhn; Unanimous; Per Curiam
Official Michigan Reporter Citation: 110 Mich App 280; Link to Opinion 
STATUTORY INDEXING:
Non-Stacking of PIP Benefits [§3115(3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that the No-Fault Act and the typical "other insurance" clause which is contained in most no-fault policies precludes plaintiff from stacking two no-fault policies in which plaintiff was a named insured for purposes of recovering 85 percent of his actual work loss benefits when these actual losses exceed the maximum work loss benefits payable under one policy. This holding answers the question which was left unresolved by the Court of Appeals in the case of Beaver v Auto-Owners (item number 252). The Court reasoned that it was the legislature's intention in enacting §3115(3) to prevent the stacking of any personal injury protection benefits, even where the actual work loss is in excess of the maximum benefits available under one policy. The "other insurance" clause is clear and unambiguous and seeks to implement this valid legislative intent.
