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“There’s No Place Like Home” – Important Considerations When Deciding Coverage Based on Resident Relative Criteria

Motor Vehicle Litigation / January 8, 2021

Determining a claimant’s domicile for purposes of deciding whether or not an insurance policy provides PIP benefits to the claimant is typically a fact question for the jury to decide. In Hurley Medical Center, the Court of Appeals reversed the trial court which had decided domicile of a young, transient adult as a matter of law.

 The Michigan Supreme Court has recognized that young adults tend to be transient, live with one parent then the other, stay with friends and sadly, sometimes struggle to find a home.

 The Court summarized nine factors that other Michigan courts have found illuminating on the question. It would be worthwhile to keep this list handy when determining coverage.

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