Legal Opinion · Dissent

Tamara Woodring v. Phoenix Insurance Company

Michigan Supreme Court

Decided June 7, 2019No. SC: 158213; COA: 324128Published

1Dissent

Zahra, J. (dissenting).

I would grant the application and revisit this Court's opinion in Miller v. Auto-Owners Ins. Co. , 411 Mich. 633 , 309 N.W.2d 544 (1981), which was disavowed in part by Frazier v. Allstate Ins. Co. , 490 Mich. 381 , 808 N.W.2d 450 (2011). In Miller , this Court held that an insured is entitled to compensation under the no-fault act, MCL 500.3101 et seq. , for an injury sustained while performing "maintenance" of his or her vehicle without regard to whether the vehicle might be considered "parked" at the time of the injury. The Court concisely explained:

There is an…

2Cases cited10 opinions

  1. Miller v. Auto-Owners Insurance CompanyMichigan Supreme Court · 1981
  2. Hackley v. State Farm Mutual Automobile InsuranceMichigan Court of Appeals · 1985
  3. Frazier v. Allstate Insurance CompanyMichigan Supreme Court · 2011
  4. Wagner v. Michigan Mutual Liability InsuranceMichigan Court of Appeals · 1984
  5. Michigan Basic Property Insurance v. Michigan Mutual InsuranceMichigan Court of Appeals · 1983

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