Auto-Owners Insurance v. Lombardi Food Service, Inc.

In this action, plaintiff sought to recoup no-fault automobile insurance benefits it paid to its insured. The circuit court granted summary judgment for defendant pursuant to GCR 1963, 117.2(1), holding that plaintiff had failed to state a claim on which relief could be granted. Plaintiff’s motion to amend its complaint was denied, and plaintiff appeals as of right.

Plaintiff was the insurer for Michael Fincannon’s personal automobile. Defendant was Fincannon’s employer. Fincannon suffered a personal injury while riding in a truck owned or leased by defendant. Defendant had failed to obtain…