Michigan Court of Appeals; Docket No. 50781; Published
Judges Glllis, Bashara, and Cynar; Unanimous; Per Curiam
Official Michigan Reporter Citation: 102 Mich App 105; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf of Nonresidents Injured in Michigan [§3163(1)]
Rights and Immunities Applicable to Nonresident Claimants and Foreign Insurers [§3163(3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This is the first Court of Appeals decision dealing with the foreign insurer provisions of §3163 of the No-Fault Act In this unanimous per curiam opinion, the Court of Appeals held that an out-of-state motorcyclist who was insured under an. automobile insurance policy written by a company that was certified to do business in the State of Michigan (Auto -Owners) was entitled to collect no -fault PIP benefits under that policy when the motorcyclist was involved in a motorcycle automobile accident in the State of Michigan. In so holding, the Court of Appeals rejected the contention of Auto-Owners that the motorcyclist should claim PIP benefits under the policy covering the automobile involved in the accident The Court relied upon the Supreme Court's opinion in Underhill v Safeco which held that resident motorcyclists are entitled to claim no-fault benefits from their own insurance companies when they are injured in accidents involving motor vehicles. The Court held that the ruling in Underhill should apply even though the motorcyclist is a nonresident claiming benefits under the foreign insurer provisions of §3163 of the Act.
