Legal Opinion · Dissent

Priesman v. Meridian Mutual Insurance

Michigan Supreme Court

Decided September 22, 1992No. 89357, (Calendar No. 2)Published

1DissentGriffin, J.

Respectfully, I dissent. The majority departs from the clear and unambiguous language of § 3113(a) of the no-fault act1 to reach a result contrary to both its language and its legislative history. Because I conclude that coverage was excluded under the circumstances of this case, I would reverse the decision of the Court of Appeals.2

Because Corey Warfield is a relative of the insured, domiciled in the same household, he would ordinarily be eligible for the payment of personal protection insurance benefits under § 3114(1) of the act.3 However, § 3113(a) provides an exclusion:

A person is not…

2Cases cited11 opinions

  1. Browder v. International Fidelity InsuranceMichigan Supreme Court · 1982
  2. Storey v. Meijer, Inc.Michigan Supreme Court · 1988
  3. Thoma v. Tracy Motor Sales, Inc.Michigan Supreme Court · 1960
  4. Nelson & Witt v. Texas Co.Michigan Supreme Court · 1931
  5. Bingham v. American Screw Products Co.Michigan Supreme Court · 1976

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