In Martin v Smela, No. 325211, 2016 WL 930944 (Mich Ct App March 10, 2016), the plaintiff was a Florida resident who suffered injuries when the motorcycle he was driving in Michigan collided with a vehicle driven by the defendant, a Colorado resident. Plaintiff’s motorcycle was insured in Florida by an insurer who does not conduct business in Michigan and the defendant was insured by a policy issued by an insurer not authorized to do business in Michigan, but who had voluntarily filed a certificate subjecting its insured to the personal and property protection insurance system under Michigan’s No Fault Act. (MCL 500.3163).
The plaintiff filed a complaint seeking to recover economic and non-economic damages under a tort law theory. The defendant moved for summary disposition arguing that because his insurer filed a no fault certification, he is entitled to the rights and protections of the no-fault act, which would limit tort liability. The plaintiff in response argued that Colorado law applied because the defendant was a resident of Colorado and entered into his insurance contract in Colorado. The trial court denied defendant’s motion for summary disposition, finding that Colorado law applied and thus plaintiff could maintain his action under a tort law theory.
On appeal, the Michigan Court of Appeals found that Michigan law and not Colorado law rightfully applied to the case. In so ruling, the court stated that the general rule for choice of law issues in tort cases is that Michigan courts will apply Michigan law unless a “rational reason” to do otherwise exists. The court added “[u]pon review, we can discern no significant interest that Colorado would have in exposing one of its residents to greater tort damages” by applying Colorado law and allowing plaintiff’s claim to proceed under a tort law theory. In further support of its ruling, the court added that had the claim been filed in Colorado, the state’s conflict of law rules would have also mandated the application of Michigan law.
As the Martin case illustrates, it is important to carefully analyze and consider all potentially applicable insurance policies to ensure that an accident victim’s rights are properly pursued.
Read more about our expertise in personal injury & accident law, automobile accidents, motorcycle accidents and no-fault insurance.
PERSONAL INJURY & ACCIDENT LAW AUTOMOBILE ACCIDENTS MOTORCYCLE ACCIDENTS NO FAULT INSURANCEAbout the Author
