STATE OF MICHIGAN COURT OF APPEALS

AR THERAPY SERVICES, INC., UNPUBLISHED June 14, 2016 Plaintiff, and FARM BUREAU MUTUAL INSURANCE COMPANY OF MICHIGAN, Defendant/Third-Party Plaintiff- Appellee,

v No. 322339 Oakland Circuit Court PROGRESSIVE MARATHON INSURANCE LC No. 2014-138769-AV COMPANY, Third-Party Defendant-Appellant, and DOMINIQUE WILLIAMS Third-Party Defendant.

Before: SAWYER, P.J., and BECKERING and BOONSTRA, JJ.

BECKERING, J. (concurring).

I concur in the majority opinion because I am bound by this Court’s ruling in Bazzi v Sentinel Ins Co, __ Mich App __; __ NW2d __ (2016). Were I not bound by that ruling, however, I would conclude that our Supreme Court’s decision in Titan Ins Co v Hyten, 491 Mich 547; 817 NW2d 562 (2012), which dealt with contractually-based, excess liability coverage and the easily ascertainable rule, does not adversely impact the innocent third-party rule with respect to statutorily mandated no-fault personal injury protection (PIP) benefits. As such, I would affirm the circuit court’s ruling (which affirmed the district court’s ruling) that Progressive Marathon Insurance Company may not rescind its insurance policy that was in place at the time -1- of the accident at issue and covered first-party PIP benefits for Christopher Carmichael, as he was injured while a passenger in an automobile insured by Progressive.

/s/ Jane M. Beckering

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