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DSS v. AUTO CLUB INS.

Docket No. 93421.

173 Mich. App. 552 (1988)

434 N.W.2d 419

DEPARTMENT OF SOCIAL SERVICES v. AUTO CLUB INSURANCE ASSOCIATION

Michigan Court of Appeals.

Decided October 17, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Bernard Rosner, Assistant Attorney General, for plaintiff.

Gromek, Bendure & Thomas (by John A. Lydick), for defendant.

Before: CYNAR, P.J., and BEASLEY and K.B. GLASER, JR., JJ.

K.B. GLASER, JR., J.

The Department of Social Services, as subrogee of Jackie Smith, seeks to recover first party no-fault personal injury protection benefits arising out of an injury to Jackie Smith while he was operating a motorcycle. The stipulated facts submitted to the trial court are as follows:

On April 16, 1984, at approximately 12:40 P.M. Jackie Smith was operating his motorcycle, and Rosemarie Besant was operating an automobile insured by [Auto...

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