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No. 131987
| Dawn Marie Miller, |
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Mark R. Granzotto |
Plaintiff-Appellant, |
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| and |
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| Department of Community Health, |
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Intervening Plaintiff, |
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| v |
(Appeal from Ct of Appeals) |
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(Washtenaw - Connors, T.) |
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| Progressive Corporation, Progressive Casualty |
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| Insurance Company, Progressive Classic |
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| Insurance Company, and Progressive Michigan |
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| Insurance Company, |
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Defendants, |
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| and |
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| Citizens Insurance Company of America, |
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Timothy M. McKercher |
| Defendant-Appellee. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellant's Supplemental Brief>>
Defendant-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellee's Supplemental Brief>>
Background
Dawn Miller is a quadriplegic as a result of injuries she sustained in an automobile accident while visiting her parents in Michigan. At the time of the accident, Miller was living in Maryland. Nevertheless, Miller’s parents kept her on their automobile no-fault insurance policy with Citizens Insurance Company of America as an “occasional” driver. Miller sued Citizens after the insurer denied her request for first-party no-fault personal protection insurance benefits and underinsured motorist benefits. Miller claimed that she was entitled to benefits pursuant to MCL 500.3114(1), which states “[A] personal protection insurance policy . . . applies to accidental bodily injury to the person named in the policy, the person’s spouse, and a relative of either domiciled in the same household, if the injury arises from a motor vehicle accident.” Citizens took the position that Miller was not entitled to benefits under its policy because she was not a named insured in the policy and was not living with her parents at the time of the accident. The trial court agreed and dismissed Miller’s claims against Citizens. The Court of Appeals affirmed in an unpublished opinion. Miller appeals.
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