Court sends No Fault PIP priority dispute related to an injury victim's domicile back to the trial court for a trial on the merits
State Farm, Titan and other insurance companies fought over who should pay Personal Injury Protection medical benefits for injuries suffered by Sharon Brandywine in a car accident. Starr Indemnity lost in the trial court on summary disposition and appealed. The Court of Appeals pointed out that the evidence created competing inferences with regard to Sharon's domicile, and therefore summary disposition should not have been granted: where there is question of factual analysis, the case should be decided by a jury, not the presiding judge. This is a longstanding rule in Michigan that has been regularly abused to summarily dispose of injury cases since special interests began to dominate the judicial selection process. Insurance companies still get the benefit of procedural and constitutional protections, however, and Starr will get it's "day in court."