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Franklin v Jenkins; (JDC-UNP, 7/7/1981; RB # 508)

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15th Judicial Court; Docket No. 81-0776; Unpublished  
Judge S. J. Elden; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
General / Miscellaneous [§3135]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this written Opinion, Judge Elden ruled that in order to recover "mini-tort" property damages under §3135(2)(d), a plaintiff must have complied with the statutory mandate and purchased requisite no-fault insurance. This is so even though the defendant was also uninsured. Judge Elden stated, "To be entitled to rights under the no-fault law, a party must fulfill his/her responsibility under that law. In this case, the requirement of maintaining 'no-fault' insurance is prerequisite to recovery under §3135."

[Author's Comment: It should be pointed out that there is nothing in the Act, particularly in the mini-tort provisions, which condition recovery upon purchase of insurance. In fact, §3135(2)(d) limits mini-tort recovery to those situations where "the damages are not covered by insurance."]


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