Coverage under a no-fault insurance policy; Priority under MCL 500.3114; “Relative”; Effect of a spouse’s death on affinal bonds; Shippee v Shippee’s Estate; In re Grablick Trust; Patmon v Nationwide Mut Fire Ins Co (Unpub)

The court held that the trial court erred in denying defendant-insurer summary disposition because it improperly determined that the injured individual (nonparty-Morgan) “was entitled to coverage under defendant’s no-fault insurance policy and that defendant was first in priority under MCL 500.3114.” Thus, it reversed and remanded to the trial “court for entry of an order granting defendant’s motion for summary disposition.” Because Morgan’s car was uninsured, he “sought payment of no-fault benefits under an insurance policy held between defendant and a person named” Willis, who was married to Regina, Morgan’s sister, “until her death in 2020, resulting in an affinal relationship between Morgan and Willis. Morgan also resided with Willis for approximately 35 years, including the time after Regina’s death and the date of the accident. After Regina died, Willis maintained the insurance on Regina’s car” through defendant. The issue was “whether Morgan maintained his affinal relationship with Willis at the time of the motor vehicle collision or whether the brother-in-law affiliation ended when Regina died under the language of the insurance policy, MCL 500.3114(1), and” Michigan case law. The court held that because “Shippee recognizes that affinal relationships terminate upon the death of spouse unless there are living issue, and because there was no indication Morgan and Regina had surviving issue, Morgan and Willis ceased to be related by marriage when Regina died. Accordingly, Morgan was ineligible for PIP benefits under defendant’s insurance policy and MCL 500.3114.”