Rashad Almashraqi v Auto Club Group Insurance Company, unpublished Court of Appeals docket #326672 and #328075 consolidated and decided July 19, 2016.
In Almashraqi, the Plaintiff and his family moved back to Michigan and were planning on renting a house to be close to family. However, the Plaintiff’s wife did not approve of the house they were to rent and so Plaintiff and his family moved in with the Plaintiff’s brother. Between the two families there were nine kids living in the house. As a result, the Plaintiff’s wife slept at the rented apartment, while Plaintiff and the kids slept at the brother’s home. Plaintiff also kept his daily necessities at his brother’s home, and switched his social security and other information to reflect his brother’s address.
A few months after moving to Michigan, Plaintiff was struck by a vehicle while he was helping a relative whose car had broken down. The Plaintiff’s vehicle was registered out of state, so Plaintiff sought personal injury and protection benefits (PIP Benefits) from Defendant Auto Club Group Insurance Company, his brother’s insurer. The brother’s policy provided for coverage to resident relatives.
Defendant Auto Club argued that Plaintiff was not domiciled with his brother because he did not intend to stay at his brother’s home indefinitely. The trial court disagreed with Defendant Auto Club, finding that Plaintiff was domiciled with his brother. Defendant Auto Club appealed the decision.
The Court of Appeals agreed with the trial court. Stating that Plaintiff’s storing of daily necessities at his brother’s house, combined with the lack of evidence that the Plaintiff slept at the rental house, and the fact that Plaintiff intended to live at his brother’s house for an indefinite length of time while searching for another residence, was sufficient to establish domicile at the brother’s residence. As such, Plaintiff was allowed to proceed with his claim for PIP benefits against Defendant Auto Club.
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