Michigan Court of Appeals; Docket No. 183933; Unpublished
Judges Gribbs, Markey, and Kavanagh; Unanimous (with Kavanagh not Participating); Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
In this unpublished per curiam Opinion, the Court of Appeals resolved a priority dispute between no-fault carriers by holding that where an employee is injured while driving his employer's vehicle, both the insurer for the employer and the insurer covering the vehicle involved in the accident are each obligated to provide first party coverage.
National Union provided coverage to Brooks Beverages, who employed an individual named Orlo Hinkin. The National Union policy covered vehicles leased to Brooks Beverages. Old Republic Insurance Company was the insurer of Ryder Truck Rental, who leased a truck to Brooks that Hinkin's was driving at the time the accident occurred. Hinkin sustained personal injuries and obtained first party coverage from his own insurer Citizens, who brought suit for reimbursement from National Union, as the accident occurred while Hinkin was working.
National Union sought contribution toward the payment of Hinkin's no-fault first party benefits from Old Republic. The Court of Appeals held that under §3114(3) of the no-fault act, the employee is entitled to coverage "from the insurer of the furnished vehicle," regardless of whether that insurer also is an insurer of the employer. Here, the court found both insurance companies were insurers of the furnished vehicle and therefore each obligated to provide an equal pro-rata share of coverage.