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No. 132179
| Farmers Insurance Exchange, |
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Joseph S. Mierzejewski |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Tuscola - Joslyn, P.) |
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| Farm Bureau General Insurance Company of |
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John A. Yeager |
| Michigan, |
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| Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Defendant-Appellant's Second Supplemental Brief>>
Insurance Institute of Michigan's Amicus Curiae Brief>>
Background
Rory Osentoski, a motorcyclist, was injured when he was struck by an uninsured Chevrolet van driven by Lynn Smith. Smith and John Petiprin co-owned the van, which was purchased for Smith’s exclusive use. Petiprin had his own vehicle, a Ford pickup truck, which was insured under a policy issued by Farm Bureau. Osentoski applied for and received no-fault benefits from the assigned claims fund. The fund assigned the claim to Farmers Insurance Exchange. Farmers Insurance then sued Farm Bureau, Petiprin’s insurer, claiming that Farm Bureau should pay for Osentoski’s benefits. Farmers Insurance cited MCL 500.3114(5)(a), which provides that “A person suffering accidental bodily injury arising from a motor vehicle accident which shows evidence of the involvement of a motor vehicle while an operator or passenger of a motorcycle shall claim personal protection insurance benefits from insurers in the following order of priority: (a) The insurer of the owner or registrant of the motor vehicle involved in the accident.” The parties filed cross-motions for summary disposition, and the circuit judge ruled in Farmers Insurance’s favor. Because Petiprin was the van’s co-owner and Farm Bureau was his insurer, Farm Bureau was responsible for Osentoski’s benefits, the judge held. The Court of Appeals affirmed in a published opinion. Farm Bureau appeals.
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