"Legal Poetry and Other Devilishness"

Our ongoing effort to find and report unusual legal developments affecting the insurance industry has uncovered two entirely unimportant, but nevertheless interesting, cases from the United States.  (P.S. - these are actual cases):

FISHER V. LOWE, 333 N.W. 2D 67 (Mich. App. 1983)

The case footnote summarizes the judgements of the trial and 
appeal courts as follows:

"Plaintiff commenced this action in tort against defendants Lowe and Moffet for damage to his "beautiful oak tree" caused when Lowe struck it while operating Moffet's automobile.  The trial court granted summary judgement in favour of the defendants. In addition, the trial court denied plaintiff's request to enter a default judgement against the insurer of the automobile, State Farm. 
Plaintiff appeals as of right.  Held on Appeal: The trial court did not err in granting summary judgement in favour of the defendants Lowe and Moffet.  Defendants were immune from tort liability for 
damage to the tree pursuant to the No-fault Insurance Act. The trial court also did not err in refusing to enter a default judgement against State Farm.  Since it is undisputed that plaintiff did not 
serve process upon State Farm in accordance with the court rules, the court did not obtain personal jurisdiction over the insurer."

What's interesting about this otherwise unusual case is that the case report itself was done entirely in rhyme. The actual headnote  in the law reports reads as follows (no kidding):

   "A wayward Chevy struck a tree 
   Whose owner sued defendants three.
   He sued car's owner, driver too,
   And insurer for what was due,
   For his oak tree that now may bear
   A lasting need for tender care.

   The Oakland County Circuit Court,
   John N. O'Brien, J. set forth
   The judgment that defendants sought
   And quickly an appeal was brought.

   Court of Appeals, J.H. Gillis, J.,
   Gave thought and then had this to say:

   1)   There is no liability 
         Since no-fault grants immunity;
   2)   No jurisdiction can be found
         Where process service is unsound;
         And thus the judgement, as it's termed
         Is due to be, and is, affirmed."

And then the devil (or his insurer) can sometimes prevail too, even in the US. As in.....

UNITED STATES ex rel. Gerald MAYO v. SATAN AND HIS STAFF
(United States District Court, W.D. Pennsylvania, Dec. 3, 1971)

The headnote for this case reads as follows:

Civil rights action against Satan and his servants who allegedly placed deliberate obstacles in the plaintiff's path and caused his downfall, wherein plaintiff prayed for leave to proceed in forma pauperis.  The District Court, Weber J., held that plaintiff would not be granted leave to proceed in forma pauperis in view of the questions of personal jurisdiction over defendant, propriety of class action, and plaintiff's failure to include instructions for directions as to service of process.  Prayer denied."

It doesn't seem right that insurers get hoisted in the Courts with regularity but the devil can still escape liability!!