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Michigan Court of Appeals Clarifies When a Vehicle Is “Taken Unlawfully” Under MCL 500.3113(a)

When a vehicle’s owner neither expressly permitted nor expressly prohibited the claimant from taking the vehicle, whether the vehicle was “taken unlawfully” under MCL 500.3113(a) depends on whether the driver took it with the owner’s implied permission. That determination turns on all the facts and circumstances surrounding the taking, as well as the driver’s previous use of the vehicle.

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Court Of Appeals Affirms Insurer’s Priority In DART Bus Injury Case Under No-Fault Act Exception

MCL 500.3114(2)(c) prioritizes vehicles “operated in the business of transporting passengers” and contains a related carveout for “a bus operating under a government sponsored transportation program.” In this case, the Court of Appeals ruled that this subsection applies in this case, and it affirms the trial court’s grant of summary disposition in favor of the defendant.

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