AMERICAN ALTERNATIVE INS. CO., INC. v. YORK

Docket No. 121968.

679 N.W.2d 306 (2004)

470 Mich. 28

AMERICAN ALTERNATIVE INSURANCE COMPANY, INC., and DVA Ambulance Inc., Plaintiffs-Appellants, v. Farmers Insurance Exchange, also known as Farmers Insurance Company, Farm Bureau Insurance Company, Coates Masonry, Inc., and Cripple Creek, Inc., Defendants, and Donald Jeffrey YORK, Defendant-Appellee.

Supreme Court of Michigan.

May 5, 2004.


Attorney(s) appearing for the Case

Blanco & Associates, P.C. (by Orlando L. Blanco and Maureen Milliron), Troy, for the plaintiffs.

Foster, Swift, Collins & Smith, P.C. (by William R. Schulz), Lansing, for the defendant.


Opinion

PER CURIAM.

Under the Michigan no-fault automobile insurance act, MCL 500.3101 et seq., intentional conduct resulting in harm strips an insured tortfeasor of the immunity from liability otherwise given by the act. Here, the insured's conduct was found to be wilful and wanton. The Court of Appeals held that such conduct was not the equivalent of intentional misconduct and, so, the insured retained the immunity from liability granted by the...

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