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The Garan Report

COA Finds A Question Of Fact Whether Regular Use Is Sufficient To Constitute Constructive Ownership

In the published decision of Davis v Baldini, the Court of Appeals determined that a question of fact exists as to whether the regular use of a motor...

Kiran Kaur

By Kiran Kaur

Apr 15, 2026

Pioneer Factors: Evaluating Rescission In A Case Involving Innocent Third Party

In Fosmore v Roth, an unpublished opinion, the Michigan Court of Appeals addressed the priority between two insurers.  Plaintiff was injured in a...

Michigan Supreme Court Interprets Section 3113(a): Focus on Unlawful Taking

In a much-anticipated opinion, Swoope v Citizens Insurance Company of the Midwest, the Michigan Supreme Court has now confirmed that MCL 500.3113(a)...

Uninsured Motorist Coverage Does Not Extend to Unlicensed Driver Under Policy Terms

In Cater v Powell, et al., the Court of Appeals held that Plaintiff was excluded from uninsured motorist (“UM”) benefits under a Michigan...

Christina Mazzara

By Christina Mazzara

Mar 18, 2026

Court of Appeals Allows Stacking of PIP Allowable Expense Benefits

Before the sweeping reform amendments of 2019, no-fault coverage of medical expenses under any Michigan auto insurance policy was always unlimited....

Daniel S. Saylor

By Daniel S. Saylor

Mar 12, 2026

Defining “Occupying” Under Uninsured Motorist Coverage: When Is a Person “Upon” a Vehicle?

Background In Gray v Federated Mutual, an unpublished decision, Plaintiff was working as a tanker-truck driver for Watkins Oil Company, Inc. His job...

Brittany C. White

By Brittany C. White

Feb 19, 2026

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