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 defeat the statutory requirement that the injured motorist had insurance at the time of the injury, so the rescission cannot be used by a non‑party driver to block a third‑party noneconomic damages claim under MCL 500.3135(2)(c). The Court affirmed the Court of Appeals’ reversal of the trial court’s summary disposition in favor of the driver.