Skip to Content
Detroit Shareholder Kerry Lynn Rhoads obtained an appellate victory in a Michigan No-Fault case involving a driver who did not have permission to operate the insured’s vehicle at the time of the accident.
In Davis/VHS of Michigan, Inc v MetLife Insurance Company, et al, with significant No-Fault medical expenses at issue, the plaintiff and intervening plaintiff contended that while Davis did not have permission to operate the insured’s vehicle on the day in question, it was not an “unlawful taking” pursuant to MCL 500.3113(a) because the named insured did not “expressly prohibit” him from operating her vehicle. Both the trial Court and the Court of Appeals disagreed and dismissed both the plaintiff’s and the intervening plaintiff’s case. Ms. Rhoads defended this claim from the time of the plaintiff’s pre-suit Examination Under Oath, through the trial court proceedings and on appeal.