Jackson County Circuit Court; Docket No. 77-012886CK; Unpublished
Judge James G. Fleming; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written Opinion, Judge Fleming held that a common sense reading and interpretation of §3114(1) indicates that the insurer of the motor vehicle involved in an injury or death is the insurer that would, pay benefits to the injured policyholder under the policy on that vehicle. Thus, where the injured policyholder is also a named insured under a different policy on another automobile not involved in the accident, the insurer of that uninvolved automobile is not obligated to pay a pro rata portion of the injured person's no-fault benefits.
Judge Fleming went on to hold that the recoupment provisions of §3115(2) did not change the result stated above because §3115 pertains only to those situations where the injured person suffers accidental bodily injury while not an occupant of a motor vehicle. Only in those situations would the recoupment provisions of §3115(2) become effective and render two insurers within the same classification liable for such benefits on a pro rata basis.
