Michigan Court of Appeals; Docket No. 114152; Unpublished
Judges Neff, Wahls, and T.G. Kavanagh; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
No Lien As to Noneconomic or Excess Economic Loss [§3116(4)]
TOPICAL INDEXING:
No-Fault Insurer Claims for Reimbursement
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals reversed the decision by a trial court granting defendant Allstate Insurance Company a lien in the amount of personal injury protection benefits paid by Allstate on a settlement paid to plaintiff by the City of Detroit.
In its decision, the Court of Appeals enumerated the three situations in which an insurance carrier may obtain reimbursement out of a third-party tort recovery for benefits payable where the insured has recovered elements of damage which have been compensated for by no-fault benefits: (1) where the insured is injured by an uninsured motorist, (2) where the insured is injured in another state, or (3) where the insured suffers an intentionally caused injury through the ownership and operation of a motor vehicle. Section 3116(2) and (4).
On the facts of this case, the Court of Appeals held that the case did not fall within any of the circumstances enumerated in §3116(2). The trial court erred in imposing the lien.
