Insurance Dispute In Catastrophic Injury Case Won By Michael F. Schmidt

Jaclyn Allen v Nationwide Mutual Fire Insurance Company and Auto-Owners Insurance Company, Washtenaw County Circuit Court, involved a claim for no fault benefits for catastrophic injuries to the plaintiff.  The issue was whether the plaintiff was a resident of her parents’ household and thus entitled to no fault benefits under the Nationwide policy issued to her parents or was a resident of her grandmother’s household and thus entitled to no fault benefits from her grandmother’s insurer Auto-Owners.  Auto-Owners argued that the plaintiff had indicated on her vehicle registration and driver’s license that she was a resident of her parents’ household.  We argued that pursuant to the affidavits of the witnesses, including the plaintiff, her parents, her grandmother and other family members and neighbors, that the plaintiff was a resident of her grandmother’s household.  We argued further that Auto-Owners’ argument regarding the driver’s license and vehicle registration did not raise any genuine issue of material fact.  The court, Judge Archie C. Brown, agreed and ordered summary disposition in favor of the plaintiff and against Auto-Owners, and dismissed all claims against Nationwide