Michigan Insurance Company granted dismissal on PIP claim because of ambiguity over employer's status
When an employee is injured in a car accident while engaged in work, the employer's PIP insurer is the first priority payor of PIP benefits (i.e., related medical and three years of wages or domestic services). Robert Ray Morris was hurt when his employer, Scott Allan Bearup, was involved in an accident while transporting Morris on the job. The involved vehicle was insured by Bearup with Michigan Insurance Company, and although Morris maintained that he was working for Bearup's company Bear Construction and Development, Inc., the Court held that he had not met his duty of demonstrating that Bear Construction was the true employer/owner of the involved vehicle. As a result, Morris was denied PIP benefits.