Roberts v. Titan Insurance

In this first-party no-fault automobile insurance action, plaintiff Kyle Roberts, by his next friend and mother, Lillian Irwin, appeals as of right the trial court’s order granting defendant Titan Insurance Company (Titan) summary disposition under MCR 2.116(C)(10). We reverse. But, were it not for the statements in the lead opinion in Priesman v Meridian Mut Ins Co1 that were adopted by this Court in Butterworth Hosp v Farm Bureau Ins Co,2 we would affirm. And for this reason, we declare a conflict with Butterworth.3

I. BASIC FACTS AND PROCEDURAL HISTORY

In June 2005, Roberts, at age 12, was…