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A Better Partnership
December 07, 2012

COA Opinion: No-Fault Act does not bar uninsured plaintiffs from seeking non-economic damages for intentional torts

In Gray v Chrostowski, the Michigan Court of Appeals held that a motorist's failure to carry no-fault insurance does not prevent him from seeking non-economic damages arising out of an intentional tort. There, the uninsured plaintiff alleged that the defendant swerved into her vehicle in a fit of road rage, and she filed intentional-tort claims against the defendant for non-economic damages. The court held that the plain language of MCL 500.3135(3)(a) provides a clear exception to the No-Fault Acts general abrogation of tort law for intentional-tort claims. It states, 'Notwithstanding any other provision of law, tort liability . . . is abolished except as to: (a) intentionally caused harm to persons and property . . . .'

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