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Torrie and Citizens Insurance Company v Auto-Club Insurance Association; (COA-UNP, 9/28/1988; RB #1182)


Michigan Court of Appeals; Docket No. 99423 and 101488; Unpublished    
Judges MacKenzie, Shepherd, and Dodge; Unanimous; Per Curiam    
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    

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)]    
General Rule of Priority [§3114(1)]

Motor Vehicle Code (Registration and Title Requirements) (MCL 257.201, et seq.)   

In this unanimous per curiam Opinion, the Court of Appeals held that plaintiff (a Michigan resident who was injured in a single vehicle accident in Michigan while driving a truck which he owned that was registered in Indiana and insured in Indiana) was not required to register and insure the truck in Michigan because Michigan's Highway Reciprocity Board had entered into a reciprocal compact with Indiana. Under this compact, vehicles used in any type of interstate vehicle operation based and licensed in one jurisdiction are granted an exemption from registration and payment of all fees and taxes in the other jurisdiction. Pursuant to this compact, plaintiff was not required to register his truck in Michigan, since it was based and licensed in Indiana. Since the truck was not required to be registered in Michigan, plaintiff was not required under §3101(1) to be insured in Michigan. Therefore, plaintiff was not disqualified from receiving no-fault benefits under §3113(b) which disqualifies the owners of uninsured vehicles that are required to be insured under the No-Fault Act. Thus, under §3114, plaintiff was entitled to no-fault benefits from ACIA, the insurer of his automobile, unless the case fell within a statutory exception, which the Court held it did not.

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