Summary
In Brown v Michigan Millers Mut Ins Co, 467 Mich 886 (2002), a passenger in a vehicle involved in a drive-by shooting was awarded no-fault benefits when he was injured as the vehicle fled from the scene of the shooting.
Summary of this case from Budget Rent-A-Car System v. City of DetroitOpinion
No. 121080.
October 8, 2002.
COA: 225207, Wayne CC: 97-724551-NF
On order of the Court, the application for leave to appeal from the February 8, 2002 decision of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
I join the majority in denying leave because the provisions of MCL 500.3105(1) do not, in my judgment, allow defendant insurer to withhold benefits in a case such as this. Nonetheless, I agree with the Court of Appeals that defendant "has identified a social problem that should be addressed." Therefore, I call to the attention of the Legislature the following issue: whether it intends that a passenger, in a vehicle from which a drive-by shooting has occurred, who has been injured in the course of that vehicle's flight from the scene of the shooting, is nonetheless entitled to no-fault benefits. While there are questions of fact as to whether the plaintiff here can be characterized in this manner, it has been assumed for purposes of our legal analysis that he can be and that he is nonetheless entitled to such benefits.