Summary
The Michigan Supreme Court denied leave to appeal in a no-fault insurance priority dispute involving benefits paid through the Assigned Claims Facility after a motorcyclist was injured by an uninsured van. Justice Markman dissented, arguing that MCL 500.3114(5)(a) should impose liability only on an insurer whose policy covered the vehicle involved in the accident and that the Court of Appeals decision potentially raised Contracts Clause concerns.
Holdings
- The application for leave to appeal was denied because the Court was not persuaded that the questions presented should be reviewed.
Questions Presented
- Whether to grant leave to appeal from the Court of Appeals' interpretation of MCL 500.3114(5)(a) as imposing no-fault benefits liability on an insurer of a vehicle owner when the vehicle involved in the accident was not covered by that insurer's policy.
- Whether imposing such liability would implicate the federal or Michigan Contracts Clause.
Disposition
writ_denied
Cases Cited (18)
- Chandler v. Muskegon County, 467 Mich. 315, 319, 652 N.W.2d 224 (2002)(followed)
- G C Timmis & Co. v. Guardian Alarm Co., 468 Mich. 416, 420-421, 662 N.W.2d 710 (2003)(followed)
- Arrowhead Development Co. v. Livingston County Road Commission, 413 Mich. 505, 516, 322 N.W.2d 702 (1982)(followed)
- General Motors Corp. v. Erves (On Rehearing), 399 Mich. 241, 255, 249 N.W.2d 41 (1976)(followed)
- McCarthy v. Bronson, 500 U.S. 136, 139, 111 S. Ct. 1737, 114 L. Ed. 2d 194 (1991)(followed)
- Hagen v. Department of Education, 431 Mich. 118, 130-131, 427 N.W.2d 879 (1988)(followed)
- People v. Vasquez, 465 Mich. 83, 89, 631 N.W.2d 711 (2001)(followed)
- Sanchick v. State Board of Optometry, 342 Mich. 555, 559, 70 N.W.2d 757 (1955)(followed)
- Pioneer State Mutual Insurance Co. v. Titan Insurance Co., 252 Mich. App. 330, 336, 652 N.W.2d 469 (2002)(discussed)
- Cason v. Auto-Owners Insurance Co., 181 Mich. App. 600, 606, 450 N.W.2d 6 (1989)(followed)
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Cited In (0)
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