Michigan Supreme Court

Adora Wilmore-Moody v. Mohammed Zakir

May 31, 2023

Summary

The Michigan Supreme Court held that an insurer’s post‑accident rescission of an automobile insurance policy does not eliminate the insured’s coverage at the time of the injury for purposes of MCL 500.3135(2)(c), and therefore a non‑party to the contract, such as the negligent driver, cannot use that rescission as a defense to a third‑party noneconomic damages claim. The Court affirmed the Court of Appeals’ reversal of the trial court’s summary disposition in favor of the defendant.