Oakland County Circuit Court; Docket No. 77-156-693-CK; Unpublished
Judge Robert B. Webster; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
Obligations of Admitted Insurers to Pay PIP Benefits on Behalf oNonresidents Injured in Michigan [§3163(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
Judge Webster's written Opinion is the first dealing with the issue of an out-of-state resident's right to claim PIP benefits as a result of an accident which occurred in Michigan. Plaintiff and her decedent were residents of the State of Florida and were involved in a very serious automobile accident while visiting in Michigan. Plaintiff and her decedent were passengers in a Michigan automobile which was insured by DAIIE via a policy issued in the State of Michigan. Plaintiff and her decedent were insured by Allstate Insurance Company in an insurance policy issued in the State of Florida. As a result of the accident a dispute arose between DAIIE and Allstate Insurance Company as to which, if either, were liable to pay PIP benefits and survivors' benefits to plaintiffs.
The Court held that under the terms of §3163 of the no-fault act, defendant Allstate, as a requirement of doing business in the State of Michigan, had to file a certificate of compliance with the Secretary of State extending personal insurance protection benefits to any out-of-state resident who was insured under a foreign automobile insurance policy. The effect of §3163 is to extend Michigan no-fault benefits to any person insured by an insurance carrier who has filed and maintains a written certification in accordance with that section. The Court further held that the personal protection insurance benefits extended are those which are contained within the no-fault statute and not those contained within the insurance policy originally issued in the foreign state. Accordingly, the Court held that it was inappropriate to consider the Florida insurance policy as determinative of the benefits extended to a Florida resident insured by Allstate Insurance Company. Allstate is liable in the same manner as if these plaintiffs were residents of the State of Michigan and insured under a policy of no-fault insurance issued by Allstate to a Michigan resident
In addition, the Court considered the effect of §3114(1) of the no-fault statute on the question presented and held that it was the intent of that section that an insured party must first look to his own carrier, which in this case is Allstate Insurance Company. Because of that intent, the terms of §3114(4) requiring the injured person to look to the insurer of the owner of the vehicle are not applicable. In short, primary liability for a passenger lies with the passenger's insurer where the passenger owns a policy providing no-fault benefits.
