Priority, Occupancy and Involvement: The Michigan Court of Appeals Affirmed Summary Disposition in Favor of Defendant Liberty Mutual

This case illustrates the Court of Appeals’ lenient interpretation of statutory law with respect to whether priority is required to be pled as an affirmative defense. According to the courts’ holding in McAllister, asserting a priority defense is not required in the first responsive pleading or by motion at a later date, and a party does not waive the right to assert a priority defense by failure to assert the defense timely. Regardless, avoid “gotcha” litigation and assert the priority defense in the first responsive pleading to best protect your clients’ interests.

A person is not entitled to PIP benefits under the No-Fault Act if they are not an occupant of the vehicle. A person standing outside of a vehicle, pumping gas, or standing beside a vehicle is not entitled to PIP benefits if struck by another vehicle.

Likewise a person is not entitled to PIP benefits under the No-Fault Act if they are not an occupant of a vehicle and if the vehicle is not involved in the accident. Unless covered by one of the few exceptions, a parked vehicle is typically not involved in an accident because injuries involving parked vehicles do not normally involve the vehicle as a motor vehicle, but rather a stationary object.

To access the full article: http://bit.ly/2Vl9x9N