U.S. Court of Appeals, Sixth Circuit; Docket No. 87-1173; Published
Judges Milburn, Guy, and Contie; Unanimous
Official Federal Reporter Citation: 843 F.2d 964; Link to Opinion 
STATUTORY INDEXING:
No Lien as to Non Motorist Tort Recoveries [§3116]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Guy, the U.S. Sixth Circuit Court of Appeals held that, under the tort recovery reimbursement provisions of §3116 of the statute, Auto Club was not entitled to reimbursement in a situation where it was the no-fault insurer who paid PIP benefits to the occupants of an automobile that was struck by an airplane. The occupants later brought suit against the airplane operator/owner. The tort recovery obtained in that suit is not the type of tort case that is referred to in §3116 which gives a PIP insurer rights of reimbursement or subrogation.
