United States Sixth Circuit Court of Appeals; Docket No. 78-1134; Unpublished
Judges Engel, Keith, and Martin; Order
Official Federal Reporter Citation: 620 F.2d 303; Link to Opinion 
STATUTORY INDEXING:
Determination of Domicile [§3114(1)]
Resident Relatives [§3114(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written order, the United States Sixth Circuit Court of Appeals affirmed a summary judgment by the United States District Court for the Eastern District of Michigan in favor of defendant. The issue in the case was whether or not plaintiff was "domiciled" in the home of her Michigan parents at the time she sustained injuries in an automobile accident in a rented car while enroute to California. The plaintiff was a married woman who had lived in California, Ohio, and then in California again with her husband for several years. She had returned to Michigan to stay with her parents for about five weeks after she married and immediately prior to the accident in question. She was obtaining a divorce in California. She had a California driver's license and was returning to California where she planned to live for a period of months without any fixed plans of returning to Michigan. The Court of Appeals agreed with District Judge Pratt that there was no factual issue presented as to plaintiff’s domicile and that the trial Judge was correct in concluding that the only inference which could be drawn from the facts was that plaintiff was a California resident As such, plaintiff was not entitled to recover no-fault benefits from her parents no-fault insurance company under the provisions of §3114(1).
