American Alternative Ins. Co., Inc. v. York

I concur. Although I agree with the result reached by the majority, I find its analysis inadequate because it fails at all to address plaintiffs’ principal argument — that “intentionally caused harm” in the first sentence of MCL 500.3135(3)(a) is defined, by implication in the second sentence, and, as a result, encompasses not only “intentionally caused harm,” but also harm that is “substantially certain” to occur.1

*34Section 3135(3) enumerates several circumstances in which an insured tortfeasor may be held liable for a vehicular accident, despite the automobile no-fault act’s broad personal…