Innocence Lost: Court of Appeals Upholds Insurer’s Right to Deny PIP Benefits to Innocent Third Parties
No-Fault Newsline 01/17/2018
Harris is unpublished and, therefore, not binding authority, but it does serve to further support the Court of Appeals decision in Bazzi, 315 Mich App 763 (2016), as well as Titan, 491 Mich 547 (2012), which together served to strike down the judicially created innocent third party rule. The important takeaways from this case are as follows: (1) a claimant’s address on file with the Secretary of State is not fully determinative when it comes to domicile; (2) the innocent third party rule did not survive the Supreme Court’s Titan decision; and (3) the Doctrine of Laches should not be applied in the absence of unreasonable delay.
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