Evola v. Auto Club Insurance

Defendant appeals by leave granted from the order of the Macomb Circuit Court affirming the district court’s order granting plaintiff’s motion for summary disposition. Plaintiff brought suit in district court seeking to recover survivor’s loss benefits under the no-fault act.

Plaintiff’s wife was killed in an automobile accident while vacationing in California. At the time of his wife’s death plaintiff and his wife had been separated for approximately four months. The couple had not been living together during the separation.

It is our opinion that the trial court erred in granting plaintiff’s…