Michigan Court of Appeals; Docket No. 169317; Unpublished
Judges White, Holbrook, and Schaefer; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits
Private Contract (Meaning and Intent)
CASE SUMMARY:
In this unpublished per curiam Opinion in a declaratory relief action, the Court of Appeals held that plaintiff was not entitled to uninsured motorist coverage when injured while riding his uninsured motorcycle. Plaintiff’s motorcycle apparently was struck by a vehicle driven by an uninsured motorist. Plaintiff brought suit seeking uninsured motorist coverage under a policy issued by defendant to the plaintiff’s father. Although not stated in the opinion, the policy of insurance apparently excluded uninsured motorist coverage for injuries sustained by an insured person while occupying an owned vehicle that was not insured under the policy. Plaintiff apparently argued that his motorcycle was not a "motor vehicle" as defined under the policy and therefore entitled to uninsured motorist coverage. However, the Court of Appeals disagreed, citing the Supreme Court's opinion in Bianchi v Auto Club of Michigan (Item No. 1435), and found that a motorcycle falls within the "common definition" of a motor vehicle, and therefore, the policy exclusion applied to preclude coverage.