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Osman v Case, et al; (COA-UNP, 11/7/2000; RB #2172)


Michigan Court of Appeals; Docket No. 223145; Unpublished
Jansen, Doctoroff, and O'Connell; Unanimous; Per Curiam
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  

Disqualification of Uninsured Owners / Operators for Noneconomic Loss [§3135(2)]

Not Applicable     

In this unanimous unpublished per curiam Opinion, the Court of Appeals, relying upon its earlier decision in Stevenson v Reese [Item No. 2123], upheld the constitutionality of section 3135(2)(c) which precludes plaintiffs from recovering noneconomic damages in tort where the plaintiff is operating an owned motor vehicle that is not insured. In this case, plaintiff’s automobile insurance policy had lapsed one week before the accident. The trial court granted summary disposition in favor of defendant on plaintiffs noneconomic loss claim and the Court of Appeals affirmed.

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