Order Michigan Supreme Court
Lansing, Michigan
January 18, 2013 Robert P. Young, Jr.,
Chief Justice
144771, 144792 Michael F. Cavanagh
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
MICHIGAN INSURANCE COMPANY, Brian K. Zahra
Plaintiff-Appellant, Bridget M. McCormack,
SC: 144771 Justices
v COA: 301980
Oakland CC: 09-104725-NF
NATIONAL LIABILITY & FIRE
INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________/
MICHIGAN INSURANCE COMPANY,
Plaintiff-Appellee,
SC: 144792
v COA: 301980
Oakland CC: 09-104725-NF
NATIONAL LIABILITY & FIRE
INSURANCE COMPANY,
Defendant-Appellant.
_________________________________________/
On January 10, 2013, the Court heard oral argument on the applications for leave
to appeal the February 14, 2012 judgment of the Court of Appeals. On order of the
Court, the applications are again considered. MCR 7.302(H)(1). In lieu of granting leave
to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this
case to the Oakland Circuit Court for entry of an order granting summary disposition to
the defendant. Pursuant to MCL 500.3114(1), the adult foster care resident injured as a
pedestrian in this case is not a “relative” of the adult foster care corporation named in the
insurance policy. Accordingly, the priority for payment of personal injury protection
benefits rests with the plaintiff as the insurer of the owner of the vehicle involved in the
accident, MCL 500.3115(1), and the Court of Appeals therefore erred by holding that the
resident may be subject to coverage under the defendant’s no-fault automobile insurance
policy issued to the adult foster care corporation.
CAVANAGH, J., would deny leave to appeal.
HATHAWAY, J., not participating.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 18, 2013 _________________________________________
t0115 Clerk