Detroit Automobile Inter-Insurance Exchange v. Home Insurance

This is a contest between two insurance companies. Personal protection insurance benefits1 and survivor’s loss benefits2 are payable in this case, but the insurance companies cannot agree which of them must bear this obligation. Under the circumstances of this case, we find that the obligation must be shared, and so we reverse the judgment of the Court of Appeals and remand this case to the Wayne Circuit Court for proceedings consistent with this opinion.

I

On November 9, 1980, Vernon Piche was killed in an automobile accident. He was driving a 1977 Mercury Cougar owned by his wife, Patricia…