One small loss for insurers, as Hurley Medical Center seeks reimbursement

In Hurley Med. Ctr. v. Michigan Assigned Claims Plan, the Court of Appeals reversed a lower court's grant of summary disposition to Michigan's auto insurers' reserve unit, pointing out that there was a genuine issue of material fact with regard to whether the injured man's medical coverage should be paid.  Hurley had cared for a man who reported that he leapt from a moving vehicle in order to avoid a robbery; the insurance folks argued that he should be denied benefits because he "intentionally" suffered the injuries by leaping from the car. 

The higher court pointed out that a reasonable jury could conclude that injuries suffered in an attempt to avoid "greater injury" are not "intentionally suffered" and therefore not excluded from PIP coverage.  A rare loss for Michigan's auto insurers--probably aided by the fact that the insurer was being sued by a medical provider and not the injury victim.