First Party (PIP)

Court/Case No: Oakland County Circuit Court/17-01940-GC

Tried/Argued Before: Judge

Demand: $24,900.00

Verdict: $0 – Motion for Summary Disposition granted

Name of Judge(s): Honorable Derek W. Meinecke

Keys to the Case:

This motion’s success hinged upon proving that the driver of the vehicle involved in the accident and GEICO Named Insured, purchased an Ohio Risk GEICO Choice Policy and was a Michigan resident at the time of loss.  Due to that fact, Defendant had no obligation to provide benefits under the Michigan no-fault insurance system to Plaintiff in this case for the alleged care provided to underlying claimant.

Our defense was grounded in MCL 500.3101(1), which requires that, “[t]he owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance, property protection insurance, and residual liability insurance.”  Pursuant to MCL 500.3101(1), the evidence established that the Named Insured was a Michigan resident at the time of the loss and that there was no Michigan policy of insurance maintained for the vehicle.

Taking this long-standing Michigan law into account and the facts of the case, which were well-laid-out in Ms. Holloway brief in support of the motion, the Court found that the Named Insured failed to maintain Michigan insurance to remain eligible for benefits, and Defendant has no obligation to provide benefits under the Michigan no-fault insurance system.

Defense SW attorney(s) Involved in Case: Amber R. Holloway

Result Date: 01/10/2018
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