Prudential Commercial Insurance v. Michigan Mutual Insurance

Smith, Presiding Justice.

These questions are before us on certification from the United States Court of Appeals for the Eleventh Circuit. The appellant, Prudential Commercial Insurance Company (Prudential), as statutory subrogee of Charlotte, Allen, and Daniel Kimerling (Prudential’s insureds) sued the appellee, Michigan Mutual Insurance Company (Michigan Mutual), to recover personal injury protection (PIP) benefits paid to the Kimerlings. The Kimerlings had been injured in a collision with a tractor-trailer insured by Michigan Mutual. Judge Robert Hall of the United States District Court for…