Pending No-Fault Supreme Court Cases
Set forth below are the cases concerning the Michigan No-Fault Law in which the Michigan Supreme Court has granted leave to appeal or has ordered oral argument on the appeal and has yet to issue a final decision.
Esurance Prop & Cas Ins Co v Mich Assigned Claims Plan
On September 23, 2020, the Supreme Court directed the Clerk to schedule “argument on the application” and instructed the parties to brief the issue of “whether a finding that an insurance policy was void ab initio because it was procured by fraud bars a subsequent claim for equitable subrogation for benefits that were paid pursuant to that policy before it was found to be void.”
Bronner v City of Detroit
On July 2, 2020, the Supreme Court directed the Clerk to schedule oral argument “on the application” and instructed the parties to brief the issue of “whether the Court of Appeals erred in holding that the no-fault insurance act, MCL 500.3101 et seq., precluded the City of Detroit from seeking contractual indemnification from GFL Environmental USA, Inc. for the City’s payment of personal protection insurance (PIP) benefits.”
Turner v Farmers Ins Exch
On November 27, 2019, the Supreme Court granted leave to appeal the April 16, 2019 judgment of the Court of Appeals, and in doing so, the Court instructed the parties to brief the issue of “whether a self-insured vehicle owner is subject to the priority provision in the former MCL 500.3114(4)(a) as ‘[t]he insurer of the owner or registrant of the vehicle occupied’ if the self-insured entity’s vehicle involved in the accident was not subject to the security provisions of the no-fault act because it was registered in another state, did not need to be registered in this state, and was not operated in this state for more than 30 days during the applicable year.”