MEEMIC INSUR SVCS CORP V ROLLING FRITO-LAY SALES LTD PARTNERSHIP (Memorandum)

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STATE OF MICHIGAN COURT OF APPEALS MEEMIC INSURANCE SERVICES CORPORATION, UNPUBLISHED February 16, 2012 Plaintiff-Appellant, v No. 300624 Oakland Circuit Court LC No. 2009-106149-CZ ROLLING FRITO-LAY SALES LIMITED PARTNERSHIP, Defendant-Appellee. 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.1 We affirm. 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. /s/ Deborah A. Servitto /s/ Michael J. Talbot /s/ Kirsten Frank Kelly 1 MCR 2.116(C)(8) and (C)(10). -1-

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