Michigan Court of Appeals; Docket No. 245134; Unpublished
Judges Zahra, Saad, and Schuette; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]
Definition of Owner [§3101(2)(h)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff was not entitled to PIP benefits because she was the owner of a vehicle involved in the accident and did not carry insurance on the vehicle as required by §3101(1) and, therefore, was disqualified from benefits under the provisions of §3113(b).
Plaintiff was riding as a passenger in a vehicle driven by Kinley. Plaintiff was the registered owner of the vehicle which she was selling to Kinley on installment payments. Plaintiff did not maintain insurance on the vehicle, although Kinley did insure the vehicle under a policy issued by Farmers Insurance Exchange. Plaintiff was not named as an insured on Kinley’s policy. Plaintiff sustained injuries when the vehicle hit a deer and claimed PIP benefits from Farmers Insurance under the priority provisions of §3114(4) and based on her status as a passenger in a vehicle insured by Farmers.
In reversing the trial court determination that Farmers was liable for the insurance benefits, the court held that plaintiff was not entitled to PIP benefits because she was the owner or registrant of a vehicle for which insurance was not maintained as required by §3101(1) and there was nothing in the plain language of §3101(1) which excuses the owner of a vehicle from maintaining insurance on the vehicle if another owner of the same vehicle has obtained such insurance. The court noted that the owner of a vehicle includes a person who owns the legal title to the vehicle or a person who has an immediate right of possession of a vehicle under an installment contract. MCL 500.3101(2)(g)(ii) and (iii). More than one person can be considered the owner of a vehicle.
Based on plaintiff’s failure to maintain insurance on the vehicle, she was disqualified from benefits under §3113(b).
