Allen v. State Farm Mutual Automobile Insurance

In this automobile negligence action, plaintiff seeks to recover first-party no-fault personal protection insurance (FIE) benefits.1 The trial court *344determined that the no-fault act, MCL 500.3101 et seq., precluded Benjamin Strother’s recovery of PIP benefits and granted defendant summary disposition pursuant to MCR 2.116(C)(10). Plaintiff appeals as of right, and we affirm.

The facts of this case are largely úncontested. Strother was injured while driving a car solely owned by Heidi Allen and insured by defendant. Both Strother and Allen concede that Strother did not have Allen’s permission…