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Travelers Insurance Company v Price; (COA-UNP, 5/11/1988; RB # 1131)


Michigan Court of Appeals; Docket No. 100317; Unpublished  
Judges McDonald, Holbrook, and Thomas; 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)]  
PIP Insurer’s Right to Reimbursement for Claims Paid Arising Out of Uninsured Vehicle Injuries [§3177(1)]

Motor Vehicle Code (Civil Liability of Owner) (MCL 257.401)   

In this unanimous per curiam Opinion dealing with a suit brought by an assigned claims plan insurer against the owner of an uninsured vehicle pursuant to §3177 of the Act, the court held that it was no defense to such a suit that the owner of the uninsured vehicle intended that his vehicle be kept in storage and not driven or moved upon the highway. In the case at bar, the uninsured vehicle was in fact being driven on the highway at the time of the accident and was therefore required to be registered in this state. Under §3101(1) of the No-Fault Act, the "owner or registrant of a vehicle required to be registered in this state shall maintain security for payment of benefits. . . .” Therefore, plaintiff, as the owner of an uninsured vehicle that was being driven on the roadway, was required to carry insurance. His failure to do so, subjects him to liability for recoupment of no-fault benefits previously paid by an assigned claims insurer. However, in light of the fact that a factual question was presented regarding the owner's claim that the vehicle was not being used with his knowledge and consent, the Court of Appeals remanded the matter back to the circuit court for further proceedings.

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