Genesee County Circuit Court; Docket No. 81-62307-NI; Unpublished
Circuit Judge Philip Elliott; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Circuit Judge Philip Elliott, relying upon language in the Supreme Court opinion of Belcher v Aetna Casualty (item number 313), held that a person is disqualified from receiving no-fault benefits pursuant to §3113(b) only where the plaintiff is the owner or registrant of an uninsured automobile which is actually involved in the accident Thus, where plaintiff owned an automobile which was registered but was not insured, plaintiff was still entitled to collect no-fault benefits when he sustained injury as an occupant of an insured automobile. Judge Elliott was apparently bothered by such a result, inasmuch as it would permit plaintiff to recover benefits when he was arguably in violation of the No-Fault Act However, because die Supreme Court in Belcher had read the disqualification provisions of §3113(b) narrowly, the Court did not disqualify plaintiff in this case. Judge Elliott went on to deny plaintiff's request for attorney fees and interest on the basis that the position asserted by defendant in this case was not unreasonable.
