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LIPTOW v. STATE FARM MUT. AUTO INS. CO.

Docket No. 260562.

726 N.W.2d 442 (2006)

272 Mich. App. 544

Rebecca Jane LIPTOW, as Personal Representative of the Estate of Jelinda Joanne Burnette-Liptow, Deceased, Plaintiff-Appellee, and Michigan Department of Community Health, Intervening Plaintiff/Appellee, v. STATE FARM MUTUAL AUTO INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 24, 2006, at 9:10 a.m.

Released for Publication January 29, 2007.

Attorney(s) appearing for the Case

Dailey & Stearn (by Todd J. Stearn), Farmington Hills, for Rebecca J. Liptow.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, James P. Delaney, Assistant Attorney General, for the Michigan Department of Community Health.

Romain, Kuck & Egerer, P.C. (by Michael P. Daniels), Detroit, for State Farm Mutual Auto Insurance Company.

Before: FITZGERALD, P.J., and MARKEY and TALBOT, JJ.

PER CURIAM.

Defendant appeals by right the judgment entered in plaintiff's favor for personal injury protection (PIP) benefits following a jury determination that plaintiff's decedent was residing in Michigan with a relative whom defendant insured when she was injured in an automobile accident in North Carolina. Defendant argues that the trial court erred by not granting its motion for partial summary disposition limiting plaintiffs' damages under the one-year-back...

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