Michigan Court of Appeals; Docket No. 101310; Unpublished
Judges Maher, Shepherd, and Tertzag; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals upheld the trial court's denial of uninsured motorist benefits to a motorcyclist pursuant to an exclusion in a no-fault policy which states that uninsured motorist benefits are not available to a person who is occupying or struck by a "motor vehicle" owned by the insured person or any family member which is not insured under this policy. In this case, the accident victim was driving a motorcycle that was not insured under the policy providing the uninsured motorist benefits, which policy was issued to the victim's relative. The term "motor vehicle" as used in the exclusion, would include motorcycles, even though motorcycles are not defined as a motor vehicles in the No-Fault Act. The exclusion in question was clear and unambiguous, and therefore, was enforceable.