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Employee or Employer? COA Says You Could be Both for Purposes of MCL 500.3114(3)

Motor Vehicle Litigation / November 5, 2018

In Sappington v State Farm Mut Auto Ins Co, unpublished opinion per curiam of the Michigan Court of Appeals, issued October 30, 2018 (Docket No. 337994), the MI COA considered a priority dispute between a commercial and personal insurer in the context of an employer-furnished vehicle, MCL 500.3114(3). Ultimately, the COA held if a person is self-employed, that person is necessarily both employer and employee for purposes of MCL 500.3114(3) and where the self-employed individual owns a motor vehicle in which they are injured, they are entitled to recover personal protection insurance benefits from the insurer of said vehicle pursuant to the employer-furnished vehicle super-priority. State Farm was represented at the trial court level by Secrest Wardle attorney, Olga Khessina.

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