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ALLEN v. STATE FARM MUTUAL AUTO. INS. CO.

Docket No. 253015.

708 N.W.2d 131 (2005)

268 Mich. App. 342

Heidi ALLEN, as Conservator of the Estate of Benjamin Strother, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 4, 2005, at 9:05 a.m.

Released for Publication December 27, 2005.

Attorney(s) appearing for the Case

Law Offices of Larry A. Smith (by Larry A. Smith and Joseph R. Lobb), Southfield, Southfield, for the plaintiff.

Bensinger, Cotant & Menkes, P.C. (by Dale L. Arndt and Bradley S. Bensinger), Grand Rapids, for the defendant.

Before: BORRELLO, P.J., and BANDSTRA and KELLY, JJ.

BANDSTRA, J.

In this automobile negligence action, plaintiff seeks to recover first-party no-fault personal protection insurance (PIP) benefits.1 The trial court determined that the no-fault act, MCL 500.3101 et seq., precluded Benjamin Strother's recovery of PIP benefits and granted defendant summary disposition pursuant to MCR 2.116(C)(10). Plaintiff appeals as of right, and we affirm.

The facts of this case are largely...

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