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Covington v Interstate System; (COA-PUB, 2/6/1979; RB #161)


Michigan Court of Appeals; Docket No. 77-3413; Published  
Judges Bronson, Kelly, and Riley; Per Curiam  
Official Michigan Reporter Citation: 88 Mich App 492; Link to Opinion alt   

Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]  
Obligation of Non-Resident Owner/Registrant to Insure a Vehicle [§3102(1)]

Not Applicable   

In a per curiam Opinion, the Court of Appeals denied no-fault benefits to a plaintiff who was injured in a traffic accident while driving a vehicle registered and licensed in another state but owned by defendant employer, a Michigan corporation. The defendant employer was self-insured. The Court of Appeals held that according to the expressed language of §3101(1) of the no-fault statute, only those vehicles that are required to be registered in Michigan are subject to the requirements of the no-fault act Inasmuch as the truck plaintiff was driving at the time of the accident was neither registered in Michigan nor required to be registered in this state, the vehicle did not fall within the class of vehicles covered by the no-fault statute. In addition, the truck plaintiff was driving at the time of the accident had not been operated in this state for more than 30 days so as to call into play the provisions of §3102(1).

Because the Court disposed of the case on the issues discussed above, it did not consider whether or not the plaintiff’s suit was barred by the exclusive remedy provisions of the worker's compensation statute.

[Author's Comment: The plaintiff’s suit for no-fault benefits was against his self-insured employer and not a no-fault insurance carrier. Had it is not been the case, the provisions of §3163(1) regarding foreign insurers may have been applicable.]

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