Michigan Court of Appeals; Docket No. 204785; Unpublished
Judges O'Connell, Murphy, and Jansen; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
Disqualification of Uninsured Owners / Operators for Noneconomic Loss [§3135(2)]
Cancellation and Rescission of Insurance Policies
In this unanimous unpublished per curiam Opinion, the Court of Appeals upheld the constitutionality of the uninsured plaintiff provisions of section 3135(2)(c), which precludes a cause of action for damages for noneconomic loss where the claimant was operating his or her vehicle at the time of the injury, and did not have in effect for that motor vehicle, the security required by section 3101 at the time the injury occurred.
The court rejected plaintiff’s argument that AAA should be estopped from asserting that her policy had been cancelled. Because the plaintiffs vehicle was not covered by no-fault insurance, her claim was barred by the provisions of 3135(2)(c).