MBL Executive Partner Kaitlyn Cramer and Attorney Kim Cloud recently secured a rare, published opinion from the Michigan Court of Appeals that could influence Michigan No-Fault litigation for years to come — particularly addressing two major issues in motorcyclist PIP claims.
First, a clear win for the MBL client. The Court enforced our client’s $250,000 PIP limit under MCL 500.3107c. Although the Court questioned whether the insurer’s opt-out form was properly executed, Kaitlyn successfully argued that the rebuttable presumption in MCL 500.3107c(3) still applied. The insured had testified she chose the “cheapest” option, renewed the policy multiple times, and paid reduced premiums consistent with a $250,000 limit clearly reflected on the declarations page. The Court agreed, enforcing the policy limit— a significant and favorable outcome for our client, capping their exposure.
Second, the case then presented a novel issue of first impression under MCL 500.3114 on the issue of stacking policies. The plaintiff hospital system argued that once our client’s $250,000 limit was exhausted, it should be permitted to seek additional PIP benefits from lower-priority insurers under MCL 500.3114 — including the injured motorcyclist’s own unlimited personal policy. Separate counsel represented the lower-priority carrier.
In a landmark ruling, the Court agreed. It held that once the priority insurer’s limits are exhausted, a motorcyclist may pursue additional benefits from other insurers in the statutory priority list. In effect, the decision allows stacking of policies in the motorcyclist context.
While the opinion is limited to motorcycle claims, its broader implications remain to be seen. Providers and claimants may attempt to extend its reasoning beyond the motorcycle context, making this a decision every Michigan No-Fault practitioner should watch closely.
Strategic appellate advocacy matters, especially when it results in published law. If you are interested in learning more about how this decision may impact your claims handling or exposure analysis, please contact us.
Read the full opinion here.
Dated: March 3, 2026
