Katherine E. Ross Obtains Summary Disposition in Priority Case for No-Fault Benefits

Kevin Mitchell v. John Doe, et al., Wayne County Circuit Court Case No. 20-000288-NI. Plaintiff filed a claim for Michigan No-Fault Benefits against four insurance companies, including Amerisure Insurance Company. A fifth insurer was added by the assigned claims insurer during the course of litigation. Amerisure insured the non-emergency transportation company that plaintiff was utilizing when the subject motor vehicle accident occurred. However, the vehicle at issue was uninsured and was not a vehicle regularly used by the transportation company. Rather, the vehicle was a personal vehicle of the company’s owner. It was argued that because the vehicle was uninsured and the transportation company was not an owner or registrant of the vehicle, Amerisure was not in the line of priority under MCL 500.3114 for payment of PIP benefits. The Court agreed, granted summary disposition and dismissed plaintiff’s, and the intervening plaintiffs’, claims against Amerisure.