By Zach Gorchow
Gongwer News Service
The insurance policy held by a motorist from another state provides coverage when that person is in a traffic crash in Michigan as long as they spend no more than 30 days in a calendar year in Michigan, the Court of Appeals ruled.
Chelsea Lewis was injured when Hafiz Kobir ran a red light and crashed his vehicle into hers. Kobir was a resident of New York state driving a vehicle registered there with a New York auto insurance policy issued by Geico. Lewis filed suit seeking a negligence claim in February 2024. Six months later, Geico filed suit in the Macomb Circuit Court seeking a ruling declaring Kobir’s policy limits were $25,000 per person and $50,000 per occurrence.
Lewis responded that an out-of-state insurance provision in Kobir’s policy meant the policy must reflect the minimum limits in Michigan’s auto no-fault statute of $250,000 per person and $500,000 per occurrence. The Macomb Circuit Court dismissed the case, Geico v. Lewis (COA Docket No. 374761) in Geico’s favor.
In a published per curiam opinion, the Court of Appeals agreed the Geico policy says it automatically increases when used out of state when such an increase is mandated for out-of-state motorists in Michigan. But the opinion held that Kobir had spent less than 30 days in Michigan during the calendar year, and the Legislature expressly addressed that matter.
“It is undisputed that Kobir did not operate his vehicle in Michigan for an aggregate of more than 30 days in the relevant calendar year,” the court held in a 3-0 ruling. “Therefore, he was not required to maintain insurance coverage as required by Michigan’s no-fault act.”
The opinion was signed by Judge Michael Kelly, Judge Colleen O’Brien and Judge Andrew Lievense.
Gongwer News Service
The insurance policy held by a motorist from another state provides coverage when that person is in a traffic crash in Michigan as long as they spend no more than 30 days in a calendar year in Michigan, the Court of Appeals ruled.
Chelsea Lewis was injured when Hafiz Kobir ran a red light and crashed his vehicle into hers. Kobir was a resident of New York state driving a vehicle registered there with a New York auto insurance policy issued by Geico. Lewis filed suit seeking a negligence claim in February 2024. Six months later, Geico filed suit in the Macomb Circuit Court seeking a ruling declaring Kobir’s policy limits were $25,000 per person and $50,000 per occurrence.
Lewis responded that an out-of-state insurance provision in Kobir’s policy meant the policy must reflect the minimum limits in Michigan’s auto no-fault statute of $250,000 per person and $500,000 per occurrence. The Macomb Circuit Court dismissed the case, Geico v. Lewis (COA Docket No. 374761) in Geico’s favor.
In a published per curiam opinion, the Court of Appeals agreed the Geico policy says it automatically increases when used out of state when such an increase is mandated for out-of-state motorists in Michigan. But the opinion held that Kobir had spent less than 30 days in Michigan during the calendar year, and the Legislature expressly addressed that matter.
“It is undisputed that Kobir did not operate his vehicle in Michigan for an aggregate of more than 30 days in the relevant calendar year,” the court held in a 3-0 ruling. “Therefore, he was not required to maintain insurance coverage as required by Michigan’s no-fault act.”
The opinion was signed by Judge Michael Kelly, Judge Colleen O’Brien and Judge Andrew Lievense.
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