DeMeglio v. Auto Club Ins. Ass'n

I respectfully dissent from the majority’s opinion because I believe that foreign no-fault benefits fall outside the intended scope of § 3109(1) benefits.

The Michigan no-fault act,1 in my view, dictates this result. It is axiomatic.that Michigan no-fault benefits are not § 3109(1) benefits.2 No compelling statutory basis exists to conclude that foreign no-fault benefits must be treated as § 3109(1) benefits. The Legislature drafted a specific provision to deal with liability issues that may arise when an out-of-state resident, who is insured under a private *50automobile insurance policy,…