Michigan court clarifies city insurer’s PIP liability for transit injuries

After the accident, the city’s insurer, Michigan Municipal League Liability & Property Pool (the Pool), initially paid some benefits to Clemans. However, the Pool then advised her to seek coverage from the Michigan Assigned Claims Plan (MACP), which provides PIP benefits to individuals injured in auto accidents who do not have other applicable insurance. MACP ultimately denied responsibility, which led to the Pool filing a lawsuit seeking a declaration that MACP, not the Pool, should pay Clemans’s claim. MACP assigned the claim to Farmers Insurance Exchange, and the Pool amended its complaint to substitute Farmers for MACP.

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