Section 11.104. Claimant eligibility.  


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  • A person entitled to claim because of  accidental   bodily  injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle in this state may apply for personal protection insurance benefits from the assigned  claims  facility  if   any   of   the following conditions is met:

    (a)   Personal protection insurance is not applicable to the injury.

    (b)   Personal protection insurance applicable to the  injury  cannot  be identified.

    (c)   Personal protection insurance applicable to the injury cannot be ascertained because of a dispute between 2 or more automobile insurers concerning  their obligation to provide coverage   or    the    equitable distribution of the loss.

    (d)  The only identifiable personal protection insurance applicable to the injury is inadequate to provide benefits up to the maximum prescribed because of the financial inability of 1 or more insurers  to fulfill  their obligations.

History: 1979 AC; 1989 AACS.