Auto Club Ins. Ass'n v. Sarate

Plaintiff brought an action seeking a declaratory judgment regarding whether it owed personal protection insurance benefits to defendant. The trial court granted defendant’s motion pursuant to MCR 2.116(C)(10) and rendered a declaratory judgment in his favor. We reverse and remand.

In October 1996, defendant was driving a motorcycle that collided with an automobile covered by an insurance policy issued by plaintiff. Although defendant purchased and took possession of the motorcycle from Ken Masta several years before the accident, defendant never registered the vehicle or purchased insurance…