Bennett v. Pitts

This is an appeal upon leave granted. The order appealed from is not only interlocutory in nature, it is anticipatory in that it holds that any judgment “which might eventually be rendered against defendant, Edward Galloway, would be the personal responsibility of Edward Galloway and not that of the Michigan Motor Vehicle Accident Claims Fund”. (Emphasis supplied.)

This holding upon the part of the trial judge was premised upon certain admitted facts.

First, defendant Galloway, who owned the claimed offending vehicle, was not covered by a policy of liability insurance issued to him as owner. He…