Esurance Prop. & Casualty Ins. Co. v. Michigan Assigned Claims Plan

Docket Number160592
Decision Date26 July 2021
Plaintiff Esurance Property & Casualty Insurance Company (Esurance) paid personal injury protection (PIP) benefits to claimant, Roshaun Edwards (Edwards), pursuant to a no-fault automobile insurance policy, issued to another person, that was later declared void ab initio. Thereafter, Esurance filed this suit against defendants, the Michigan Assigned Claims Plan (MACP) and the Michigan Automobile Insurance Placement Facility (MAIPF), seeking reimbursement under a theory of equitable...

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9 cases
  • Mercurio v. Huntington Nat'l Bank
    • United States
    • Court of Appeal of Michigan — District of US
    • August 3, 2023
    ...the legal sufficiency of a plaintiff's claim as based on an examination of the factual allegations contained in the complaint. Esurance Prop, 507 Mich. at 508. A court may only consider the pleadings when rendering a decision under MCR 2.116(C)(8). Beaudrie v Henderson, 465 Mich. 124, 129; ......
  • Nichols v. Swindoll
    • United States
    • Arkansas Court of Appeals
    • October 5, 2022
    ... ... on May 3, 2006, asserting claims for negligence and under ... Ark. Code Ann. § ... Uncork & Create LLC v. Cincinnati Ins ... Co. , 27 F.4th 926, 930 (4th Cir. 2022) ... Doe v. Mich. State Univ. , 989 F.3d 418, 425 ... (6th Cir ... Coast Entm't of Durham, LLC v. Houston ... Cas. Co. , 31 F.4th 547, 550 (7th Cir. 2022) ... "We ... Esurance Prop. & Cas. Ins. Co. v. Mich ... Assigned ms Plan , 968 N.W.2d 482, 487-88 ... (Mich. 2021) ... ...
  • Wilmore-Moody v. Zakir
    • United States
    • Michigan Supreme Court
    • May 31, 2023
    ...material fact exists. Id. [4–6] We also review de novo questions of statutory interpretation. Esurance Prop. & Gas. Ins. Co. v Mich. Assigned Claims Plan, 507 Mich. 498, 508, 968 N.W.2d 482 (2021). The key purpose of statutory interpretation is to "ascertain the legislative intent that may ......
  • Farrar v. Suburban Mobility Auth. for Reg'l Transp.
    • United States
    • Court of Appeal of Michigan — District of US
    • February 9, 2023
    ...N.W.2d 482 (2021). "A motion under MCR 2.116(C)(8) tests the legal sufficiency of a claim based on the factual allegations in the complaint." Id. (quotation marks and citation omitted). "A motion MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual de......
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