DeSot v. Auto Club Insurance

Plaintiff appeals from an order of summary disposition pursuant to MCR 2.116(0(10) granted to defendant on plaintiff’s claim for first-party no-fault survivor benefits under plaintiff’s no-fault insurance policy. On appeal, it is argued that the widow and children of a deceased motorcycle operator should be entitled to survivor benefits from the deceased’s motor vehicle insurer even though the deceased did not have the requisite insurance for the motorcycle. We affirm.

The facts in this case are not in dispute. On July 22, 1986, at approximately 8:30 p.m., plaintiff’s decedent, Michael Joseph…