Michigan Court of Appeals; Docket No. 154023; Unpublished
Judges Marilyn Kelly, White, and Breck; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Equal Priority Situations [§3114(6)]
TOPICAL INDEXING:
Equitable Estoppel
No-Fault Insurer Claims for Reimbursement
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals held that the doctrine of equitable estoppel did not preclude Auto Club from seeking reimbursement from Secura Insurance Company for no-fault benefits previously paid by Auto Club where Auto Club had previously notified Secura of a possible priority dispute but Secura failed to investigate.
In holding that the doctrine of equitable estoppel did not preclude Auto Club's reimbursement claim, the court stated:
"Equitable estoppel arises when (1) a party by representations, admissions or silence intentionally or negligently induces a second party to believe facts, (2) the second party justifiably relies and acts on this belief, and (3) will be prejudiced if the first party is permitted to deny their existence. . . .
While Secura may have been mislead by ACIA's initial indication that it had first priority, Secura's reliance was not justified. Secura sold auto insurance in this state and is charged with knowledge of the laws governing personal injury benefits."
