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All insurers of driver involved in accident must share responsibility for liability coverage.

Dairyland Insurance Company sued Affirmative Insurance Company after Dairyland paid liability benefits for the injuries caused by a man who insured two cars with the two companies, separately.  Affirmative claimed that since Dairyland owned the involved car, it should pay all of the coverage.  Dairyland argued that since the statute made the "insurer of the owner of the involved car" highest priority, and since both carriers insured the owner, they were equally liable.  Affirmative claimed that the insurer of the involved car should be liable alone.  The Court read the statute's plain language to mean that both insurers were of equal priority.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262