Tiffany Adams v. James Edward Curtis, 330999

Plaintiff Tiffany Adams was driving a 1999 Ford Taurus titled in her name when she suffered serious injuries in a head-on collision; defendant James Curtis pleaded nolo contendere to OWI causing serious injury.
The Taurus was insured by plaintiff’s grandfather, Eugene Johnson, through Home-Owners Insurance; Home-Owners has paid over $550,000 in PIP benefits.
Plaintiff sued for noneconomic damages under MCL 500.3135; defendants moved for summary disposition arguing plaintiff is barred because the vehicle was not insured by an owner as required by Michigan no-fault law.
Plaintiff conceded Johnson was not the titled owner but argued he was a constructive owner based on long residence, Johnson paying the insurance and all maintenance, keeping the car at his home, possessing a key, fueling/washing the car, and occasionally driving it every couple of weeks.
Defendants characterized Johnson’s use as episodic or incidental (periodic lending), arguing it did not rise to proprietary or possessory use required for constructive ownership.
The trial court granted summary disposition for plaintiff; the Court of Appeals vacated and remanded, finding genuine factual disputes on whether Johnson’s use amounted to constructive ownership.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Johnson was a "constructive owner" of the Taurus under Michigan law (i.e., proprietary or possessory use >30 days)	Johnson’s payment of insurance and maintenance, storage at his residence, possession of keys, occasional driving, and shared household use show proprietary/possessory use	Johnson’s driving was sporadic/episodic; he didn’t fund purchase or regularly use the car — at most periodic lending, not ownership	There is a genuine issue of material fact whether Johnson’s use constituted constructive ownership; summary disposition for plaintiff was reversed and case remanded

Ardt v. Titan Ins. Co., 233 Mich. App. 685 (1999) (constructive ownership requires proprietary or possessory usage rather than incidental usage)
Detroit Med. Ctr. v. Titan Ins. Co., 284 Mich. App. 490 (2009) (periodic lending and sporadic use do not establish constructive ownership)
Barnes v. Farmers Ins. Exch., 308 Mich. App. 1 (2014) (vehicle must be insured by an owner for some no-fault benefits; non-owner insurer insufficient)
Chop v. Zielinski, 244 Mich. App. 677 (2001) (regular personal use and parking at driver’s residence supports constructive ownership)
Kessel v. Rahn, 244 Mich. App. 353 (2001) (daily use over a year and vehicle kept at driver’s home establishes constructive ownership)