Michigan Court of Appeals; Docket No. 78-808; Published
Judges Cavanagh, Bashara, and Allen; Per curiam
Official Michigan Reporter Citation: 92 Mich App 726; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a per curiam Opinion, the Court of Appeals held that the Motor Vehicle Accident Claims Fund could be liable on a property damage claim involving an unusual set of circumstances. Here, the plaintiff’s parked vehicle was hit by a car owned by Savage and driven by an unidentified motorist. The car was not driven with the permission of the owner. The plaintiff’s car was insured under no-fault but did not have optional collision coverage. The Court reasoned that inasmuch as the plaintiff was not required by the no-fault act to carry collision coverage, this claim would not be defeated by the 1974 amendment to the Motor Vehicle Accident Claims Act which precludes recovery for anything required to be covered under the no-fault statute. Accordingly, the claim could properly be brought against the Accident Claims Fund.