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Family Ties: Mother had Insurable Interest in her Adult Son’s General Wellbeing

Motor Vehicle Litigation / April 27, 2020

MemberSelect was a declaratory judgment action that related to an underlying PIP/automobile negligence action. As to PIP benefits, a priority dispute arose between MemberSelect and Progressive (represented by Secrest Wardle in the trial court and on appeal.)

“Michigan law requires that a named insured have an insurable interest to support a valid automobile liability insurance policy.” MemberSelect Ins Co v Flesher, ___ Mich App ___ (2020) (Docket No. 348571); slip op at 3.

An insurance policy is void if there is no insurable interest.” Id. at ___; slip op at 4. The insurable interest must belong to a “named insured.” Id. at ___; slip op at 5.


“An insurable interest need not be in the nature of ownership, but rather can be any kind of benefit from the thing so insured or any kind of loss that would be suffered by its damage or destruction.” Id. at ___; slip op at 7.

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