Is Higher Priority Insurer Identifiable? If Yes, Lower Priority Insurer is Not Liable for PIP Benefits

In Griffin v Trumbull Ins Co, ___ Mich App ___ (2020) (Court of Appeals No. 344272, rel’d 9/24/20), the majority adopted a binary standard, holding that if a higher priority insurer is identifiable, without regard to diligence or time within which such insurer is or could be identified, then a lower priority insurer cannot be held liable for no-fault benefits. The dissent opined that a “reasonable diligence” standard should be adopted, and if the highest priority insurer is not identifiable with reasonable diligence, then the next priority insurer would be liable. This significant issue may well garner the attention of the Michigan Supreme Court should Plaintiff seek relief there.

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