367907
Mich. Ct. App.Mar 11, 2025Background
- Gail Fulton was injured in a car accident on August 14, 2021, while riding as a passenger in a vehicle driven by her cousin.
- At the time, Fulton was staying at her parents’ house in Detroit, although she leased an apartment elsewhere (East Jefferson), which she moved into weeks after the accident.
- Plaintiff’s own auto insurance had lapsed, so she applied for personal injury protection (PIP) benefits through the Michigan Automobile Insurance Placement Facility (MAIPF) and the Michigan Assigned Claims Plan (MACP).
- In her MAIPF application, Fulton listed her parents’ house as her address at the time of the accident, but her apartment as her current address, stating she lived alone and did not mention her parents’ insured vehicles.
- Citizens Insurance (defendant), assigned to the claim, denied benefits, asserting Fulton was ineligible due to available coverage via her parents’ insurance and alleged false statements in her application. The trial court granted summary disposition in the insurer’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Plaintiff domiciled with her parents at the accident time? | Issue of fact—domicile unsettled due to her apartment lease and intent. | Fulton was clearly domiciled with parents; overwhelming factual evidence. | Yes; no material factual dispute—domicile with parents established. |
| Eligibility for PIP benefits under MACP | Should be eligible as no other applicable insurance. | Parents’ no-fault policy covers her due to domicile; thus, not eligible. | Not eligible due to applicable parental insurance. |
| Material misrepresentation in MAIPF application | No material misrepresentation occurred. | Plaintiff made knowingly false statements about her residency/household. | Not reached, as first issue was dispositive. |
Key Cases Cited
- Grange Ins Co of Mich v Lawrence, 494 Mich 475 (Mich. 2013) (establishing common-law definition of domicile for no-fault PIP eligibility)
- Workman v Detroit Auto Inter-Ins Exch, 404 Mich 477 (Mich. 1979) (laying out multi-factor test for domicile)
- Dairyland Ins Co v Auto Owners Ins Co, 123 Mich App 675 (Mich. Ct. App. 1983) (listing additional domicile factors for adult, non-minor children)