Auto Club Insurance v. Henley

D. E. Holbrook, Jr., J.

Plaintiff commenced this action against defendant on September 10, 1981, seeking reimbursement for no-fault benefits paid to defendant under the Michigan no-fault act and a setoff for future medical expenses from defendant’s tort recovery against the Department of State Highways. Defendant counterclaimed, seeking payment of medical expenses incurred after July 24, 1981. Plaintiff moved for summary judgment under GCR 1963, 117.2(3). Subsequently, defendant also moved for summary judgment.

The trial court granted plaintiff’s motion on the ground that MCL 500.3116; MSA…