Stone v. Auto-Owners Insurance

In this action for survivor’s loss benefits under the no-fault act, MCL 500.3101 et seq., our Supreme Court remanded the case to this Court for consideration as if on leave granted.1 Defendant challenges the trial court’s order denying its motion for summary disposition under MCR 2.116(C)(8) (failure to state a claim) and MCR 2.116(C)(10) (no genuine issue of material fact). We vacate the order and remand.

I

Plaintiff seeks payment of survivors’ loss benefits from defendant as the widower of Stephanie Stone, who died in an automobile accident in October 2010 while driving a 2002 Ford Taurus,…