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Wilson v League General Insurance Company; (COA-PUB, 9/8/1992; RB #1572)

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Michigan Court of Appeals; Docket No. 128931; Published  
Judges Murphy, Sawyer, and Borrello; Unanimous 
Official Michigan Reporter Citation:  195 Mich App 705; Link to Opinion alt  


STATUTORY INDEXING:  
Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)] 
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]

TOPICAL INDEXING:  
Not Applicable   


CASE SUMMARY:  
In this unanimous published Opinion by Judge Murphy, the Court of Appeals denied no-fault benefits under §3113(b) to a college student who was attending college in Texas and who sustained serious injury in a single-car accident outside of Michigan while she was driving an uninsured vehicle she purchased in Texas. 

Plaintiff’s mother lived in Michigan. Plaintiff was not listed on her mother's insurance policy, and plaintiff did not purchase insurance for the vehicle she bought in Texas. The court held that because the plaintiff had not purchased a no-fault policy, she was disqualified from receiving benefits under §3113(b) as the uninsured owner of the vehicle involved in the accident. The court rejected plaintiff’s argument that she was not required to purchase insurance in Michigan because §3102 of the statute states that, "non-resident owners or registrants" must buy insurance only if their vehicles are being operated on Michigan highways for an aggregate of more than 30 days in any year. In rejecting this argument, the court noted, "plaintiff contends that she is a resident relative of [her mother] who lives in Michigan. Assuming this to be true, plaintiff cannot then be a non-resident for purposes of §3102."  


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