GRANGE INSURANCE COMPANY OF MICHIGAN, Plaintiff/Counterdefendant-Appellant, v EDWARD LAWRENCE, Individually and Joint Personal Representative of the Estate of Josalyn A. Lawrence, and LAURA ROSINSKI, Individually and Joint Personal Representative of the Estate of Josalyn A. Lawrence, Defendants-Appellees, and FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendant/Counterplaintiff-Appellee.AUTOMOBILE CLUB INSURANCE ASSOCIATION, Plaintiff-Appellee/Cross-Appellant, v STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee, and ALLSTATE INSURANCE COMPANY, Defendant., 494 Mich. 475

Summary

The cases involved minor children of divorced parents who sustained fatal injuries in auto accidents. Plaintiff one, which insured the child's father, sought a declaration that the child was domiciled with the mother at the time of the accident. Plaintiff two, which insured the child's mother, sought a declaration that the child was not domiciled in Michigan with her mother at the time of the accident. In case one, the trial court found that the child had two domiciles at the time of the accident, one with each parent, and that both insurers were liable to pay personal injury protection (PIP) benefits. In case two, the trial court found that the child was domiciled in Michigan and that plaintiff two was liable for PIP benefits. The intermediate appellate court affirmed in case one, but in case two held that the issue of the child's domicile was a fact question for the jury that should not have been resolved by summary disposition. The high court held that (1) a child of divorced ...