Michigan Court of Appeals; Docket No. 78-2701; Published
Judges Danhof, Gillis, and Kaufman; Unanimous; Opinion by Judge Kaufman
Official Michigan Reporter Citation: 91 Mich App 41; Link to Opinion 
STATUTORY INDEXING:
Definition of Owner [§3101(2)(h)]
TOPICAL INDEXING:
Motor Vehicle Code (Definition of Owner) (MCL 257.37) (MCL 257.401a)
CASE SUMMARY:
In a unanimous Opinion by Judge Kaufman, the Court of Appeals held that where plaintiff’s father had intended to purchase a car from his daughter domiciled in his household and had paid her approximately one half of the sales price with the remainder to follow shortly and had taken immediate possession of the vehicle, plaintiff/father was legally considered to be an "owner" of the vehicle and thus under the statutory obligation of the no-fault act to provide no-fault insurance for said vehicle. Having failed to provide said no-fault insurance, the plaintiff/father was precluded from recovering personal insurance protection benefits under §3113(b) in that who was the owner of a motor vehicle involved in the accident with respect to which the security required by no-fault was not in effect. The Court held it was not necessary for the plaintiff’s name to actually appear on the face of the vehicle certificate in order for him to be the legal owner. A person need not hold legal title of the vehicle to be the owner of it if the person is a conditional vendee owner of the vehicle under the provisions of MCLA 257.37.
