In these consolidated appeals, defendant American Family Mutual Insurance Company appeals by leave granted from an order setting aside an earlier decision to grant summary disposition in its favor, and from an order denying a second motion for summary disposition. Defendant Allstate Insurance Company also appeals by leave granted from an order denying its motion for summary disposition. We reverse.
This case arises out of a three-car accident that occurred on July 12, 1992. Plaintiff Mark W. Witt was driving his girlfriend’s car, and his girlfriend was following him in plaintiff’s vehicle. An uninsured motorist traveling in the opposite direction crossed the center lane and collided head-on with the car plaintiff was driving. Plaintiff’s vehicle, driven by his girlfriend, then struck the car plaintiff was driving. The car owned by plaintiff’s girlfriend and operated by plaintiff was insured by Allstate. Plaintiff’s vehicle was insured by American. Plaintiff had obtained the American policy in 1990 when he was living with his parents in Iowa and his vehicle remained registered in Iowa. At all relevant times, American was not authorized to write insurance in Michigan. The policy issued to plaintiff did not provide for the payment of no-fault benefits.
After both insurers denied coverage, plaintiff brought this action for benefits. Plaintiff’s theory was that he was an Iowa resident and that American was obligated to pay him no-fault benefits as an out-of-state insurer pursuant to MCL 500.3163; MSA 24.13163; if American was not obligated to pay, then Allstate was responsible as the insurer of the automobile he was operating at the time of the accident.
The trial court originally dismissed plaintiff’s claim against American because plaintiff was not an Iowa resident at the time of the accident, but later set aside that determination. On appeal, American argues that the trial court abused its discretion in setting aside the original order granting summary disposition in its favor. We agree.
The determination of domicile is a question of fact to be resolved by the trial court, and this Court will not reverse the trial court’s determination unless the evidence
In its appeal, Allstate contends that the trial court should have granted its motion for summary disposition because as a matter of law plaintiff’s motor vehicle was “involved in the accident” within the meaning of MCL 500.3113(b); MSA 24.13113(b). Again, we agree.
Under MCL 500.3113(b); MSA 24.13113(b), a person is not entitled to personal protection insurance benefits if the person was the owner of a vehicle “involved in the accident with respect to which the security required by section 3101 or 3103 was not in effect.” The issue whether a vehicle was involved in an accident within the meaning of § 3113(b) has consistently been addressed as one of law. See, e.g.,
Heard v State Farm Mutual Automobile Ins Co,
As noted by Allstate, plaintiff, as a Michigan resident, was required to register his vehicle in Michigan, MCL 257.216; MSA 9.1916, and was required to maintain no-fault insurance, MCL 500.3101(1); MSA 24.13101(1). Having failed to do so, under § 3113(b) he was not entitled to no-fault benefits. The trial court therefore erred in refusing to grant summary disposition in favor of Allstate.
Finally, American contends that the trial court erred in denying its second motion for summary disposition, which challenged plaintiff’s assertion, not raised in his complaint, that he was entitled to coverage under the “Out of State Insurance” clause of the American policy. We agree with American that
Reversed.
