Opinion
No. 300624 LC No. 2009-106149-CZ
02-16-2012
MEEMIC INSURANCE SERVICES CORPORATION, Plaintiff-Appellant, v. ROLLING FRITO-LAY SALES LIMITED PARTNERSHIP, Defendant-Appellee.
UNPUBLISHED
Oakland Circuit Court
Before: SERVITTO, P.J., and TALBOT and K. F. KELLY, JJ. MEMORANDUM.
MEEMIC Insurance Services Corporation ("MEEMIC") appeals as of right the trial court's order granting Rolling Frito-Lay Sales Limited Partnership's ("Rolling Frito-Lay") motion for summary disposition. We affirm.
MCR 2.116(C)(8) and (C)(10).
At oral argument, counsel for MEEMIC appropriately conceded that Michigan's no-fault law controls and that MCL 500.3116(2) applied. MEEMIC, however, continued to assert that reimbursement was appropriate under § 3116(2) as "reimbursement for personal protection insurance benefits . . . shall be made only if recovery is realized upon a tort claim arising from an accident occurring outside this state[.]" Because the claim being advanced by MEEMIC is not a tort claim, but is instead a claim for reimbursement of personal injury protection (PIP) no-fault benefits paid, the trial court properly granted Rolling Frito-Lay's motion for summary disposition.
Affirmed.
Deborah A. Servitto
Michael J. Talbot
Kirsten Frank Kelly