McClain v. Begley

I respectfully dissent. The majority misconstrues Anderson, Budget and the trial court’s ruling in this case to reach its result.

The trial court in this case did not ‘construe the No-fault Act to impose liability on a self-insurer up to its self-insured retention.’ The trial court specifically stated, “This is not a case of the court imposing liability.” It added “Altea has conceded that if it is liable as owner (as opposed to vicariously liable for its driver) we’d have significant coverage available.” In fact, the fundamental source of Altra’s liability in this case is because it was the…