Department of Social Services v. American Commercial Liability Insurance

The defendants are insurance companies that cannot agree with regard to their respective liability for personal protection insurance (first-party) benefits 1 that are payable to the plaintiff’s subrogors. The Court of Appeals has concluded that the obligation must be borne by defendant American Commercial Insurance Company. We conclude, however, that the Legislature has directed that the obligation be shared equally by these defendant insurers.

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This case arises out of an accident that occurred on August 22, 1985. An automobile collided with a motorcycle operated by Gerald Wilson. His…