Wiltzius v. Prudential Property and Casualty Co.

In this matter of first impression, we are asked to determine whether an insured under a Michigan no-fault policy containing an insured-elected option excluding double recovery for "bodily injury sustained as the result of the operation, maintenance or use * * * of a motor vehicle”, is entitled to no-fault benefits under such policy in addition to benefits already paid under a health and accident policy. The district court and the circuit court held "No”. Plaintiffs appeal by leave granted.

Defendant, Prudential Property and Casualty Company, issued a policy of Michigan no-fault automobile…