8 Michigan opinions name it 2 courts 1982–2022 5 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gobler v. Auto-Owners Insurancegreen2 sentences2022See also Gobler v Auto-Owners Ins Co, 428 Mich 51, 61 ; 404 NW2d 199 (1987); Walega v Walega, 312 Mich App 259, 266 ; 877 NW2d 910 (2015); Churchman v Rickerson, 240 Mich App 223, 228 ; 611 NW2d 333 (2000). 8 Following a motor vehicle accident, MCL 500.3114 4 instructs a person to pursue his or her “claim” for PIP benefits from insurers according to the listed order of priority. 2022See also Gobler v Auto-Owners Ins Co, 428 Mich 51, 61 ; 404 NW2d 199 (1987); Walega v Walega, 312 Mich App 259, 266 ; 877 NW2d 910 (2015); Churchman v Rickerson, 240 Mich App 223, 228 ; 611 NW2d 333 (2000). 8 Following a motor vehicle accident, MCL 500.3114 4 instructs a person to pursue his or her “claim” for PIP benefits from insurers according to the listed order of priority. | 3 | 3 |
Auto Club Insurance v. New York Life Insurancegreen2 sentences2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, 2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, | 2 | 2 |
Perez v. State Farm Mutual Automobile Insurancegreen2 sentences2021Accord Perez v State Farm Mut Auto Ins Co, 418 Mich 634, 647 ; 344 NW2d 773 (1984) (LEVIN, J., for reversal) (explaining that the no-fault act “provid[es] assured, adequate and prompt recovery for certain economic losses arising from motor vehicle accidents”) (quotation marks and citation omitted). 15 arises between two insurers, the preferred method of resolution is for one of the insurers to pay the claim and sue the other in an action of [equitable] subrogation.” 46 Accordingly, an insurer that pays a claim for which another may be liable has “an arguable duty” to pay. 47 Therefore, when an 2021Accord Perez v State Farm Mut Auto Ins Co, 418 Mich 634, 647 ; 344 NW2d 773 (1984) (LEVIN, J., for reversal) (explaining that the no-fault act “provid[es] assured, adequate and prompt recovery for certain economic losses arising from motor vehicle accidents”) (quotation marks and citation omitted). 15 arises between two insurers, the preferred method of resolution is for one of the insurers to pay the claim and sue the other in an action of [equitable] subrogation.” 46 Accordingly, an insurer that pays a claim for which another may be liable has “an arguable duty” to pay. 47 Therefore, when an | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allstate Insurance v. Citizens Insurance Co. of America
green
2 sentences2000Had plaintiff done so, a different result may have obtained. [Id. at 600.] Thus, this Court implied that had the issue been presented, it might have found Farm Bureau under a continuing obligation to provide the plaintiff assigned-claims benefits, while permitting it to seek reimbursement from the higher priority insurer. 5 See generally Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982): [W]e note that whenever a priority question arises between two insurers, the preferred method of resolution is for one of the insurers to pay the claim and sue the o 2000Had plaintiff done so, a different result may have obtained. [Id. at 600.] Thus, this Court implied that had the issue been presented, it might have found Farm Bureau under a continuing obligation to provide the plaintiff assigned-claims benefits, while permitting it to seek reimbursement from the higher priority insurer. 5 See generally Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982): [W]e note that whenever a priority question arises between two insurers, the preferred method of resolution is for one of the insurers to pay the claim and sue the o | 4 | 1988–2021 |
Farmers Insurance Group v. Progressive Casualty Insurance
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2 sentences2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, 2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, | 4 | 1982–2021 |
Walega v. Walega
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2 sentences2022See also Gobler v Auto-Owners Ins Co, 428 Mich 51, 61 ; 404 NW2d 199 (1987); Walega v Walega, 312 Mich App 259, 266 ; 877 NW2d 910 (2015); Churchman v Rickerson, 240 Mich App 223, 228 ; 611 NW2d 333 (2000). 8 Following a motor vehicle accident, MCL 500.3114 4 instructs a person to pursue his or her “claim” for PIP benefits from insurers according to the listed order of priority. 2022See also Gobler v Auto-Owners Ins Co, 428 Mich 51, 61 ; 404 NW2d 199 (1987); Walega v Walega, 312 Mich App 259, 266 ; 877 NW2d 910 (2015); Churchman v Rickerson, 240 Mich App 223, 228 ; 611 NW2d 333 (2000). 8 Following a motor vehicle accident, MCL 500.3114 4 instructs a person to pursue his or her “claim” for PIP benefits from insurers according to the listed order of priority. | 3 | 2022–2022 |
Putkamer v. Transamerica Insurance Corp. of America
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2 sentences2022When reaffirming an insurer’s right to equitable subrogation last term, we observed that [t]he no-fault act is “a comprehensive scheme of compensation designed to provide sure and speedy recovery of certain economic losses resulting from motor vehicle accidents.” For that reason, “whenever a priority question arises between two insurers, the preferred method of resolution is for one of the insurers to pay the claim and sue the other in an action of [equitable] subrogation.” [Esurance Prop & Cas Ins Co v Mich Assigned Claims Plan, 507 Mich 498 , 517; 968 NW2d 482 (2021) (alterations in original 2022When reaffirming an insurer’s right to equitable subrogation last term, we observed that [t]he no-fault act is “a comprehensive scheme of compensation designed to provide sure and speedy recovery of certain economic losses resulting from motor vehicle accidents.” For that reason, “whenever a priority question arises between two insurers, the preferred method of resolution is for one of the insurers to pay the claim and sue the other in an action of [equitable] subrogation.” [Esurance Prop & Cas Ins Co v Mich Assigned Claims Plan, 507 Mich 498 , 517; 968 NW2d 482 (2021) (alterations in original | 3 | 2022–2022 |
Churchman v. Richerson
green
2 sentences2022See also Gobler v Auto-Owners Ins Co, 428 Mich 51, 61 ; 404 NW2d 199 (1987); Walega v Walega, 312 Mich App 259, 266 ; 877 NW2d 910 (2015); Churchman v Rickerson, 240 Mich App 223, 228 ; 611 NW2d 333 (2000). 8 Following a motor vehicle accident, MCL 500.3114 4 instructs a person to pursue his or her “claim” for PIP benefits from insurers according to the listed order of priority. 2022See also Gobler v Auto-Owners Ins Co, 428 Mich 51, 61 ; 404 NW2d 199 (1987); Walega v Walega, 312 Mich App 259, 266 ; 877 NW2d 910 (2015); Churchman v Rickerson, 240 Mich App 223, 228 ; 611 NW2d 333 (2000). 8 Following a motor vehicle accident, MCL 500.3114 4 instructs a person to pursue his or her “claim” for PIP benefits from insurers according to the listed order of priority. | 3 | 2022–2022 |
Auto-Owners Insurance v. Amoco Production Co.
green
2 sentences2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, 2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, | 2 | 2021–2021 |
Maryland Casualty Co. v. Transamerica Insurance Corp. of America
green
2 sentences2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, 2021MCL 500.3142 50 specifies that PIP benefits “are payable as loss accrues” and “are overdue if not paid within 30 days after an insurer receives reasonable proof of the fact and 46 Allstate Ins Co v Citizens Ins Co of America, 118 Mich App 594, 603-604 ; 325 NW2d 505 (1982), citing Farmers Ins Group v Progressive Cas Ins Co, 84 Mich App 474, 484 ; 269 NW2d 647 (1978). 47 Maryland Cas Co, 199 Mich App at 564-565 . 48 Auto-Owners Ins Co, 468 Mich at 60 ; see also Auto Club Ins Ass’n, 440 Mich at 132 - 133. 49 MCL 500.3142 and MCL 500.3148 are part of the no-fault act, and the third, MCL 600.6013, | 2 | 2021–2021 |
Hunt v. Citizens Insurance
green
1 sentence2000This resolution permits the insured person to receive prompt payment while the insurers thereafter dispute their liabilities. [Citation omitted.] 6 This Court in Hunt merely observed that the plaintiff, who had received assigned-claims benefits from the defendant Citizens, could not sue Allstate, a higher priority insurer, because “[t]he fact that Hunt, in the exercise of due diligence, could not or did not identify Allstate as the appropriate insurer is not enough to toll the period of limitation as to Allstate.” Hunt, supra at 666 . 7 To the extent that defendant continues its argument to th | 1 | 2000–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.