Hamka v Auto Club; (COA-PUB, 3/23/1979; RB #740)


Michigan Court of Appeals; Docket ______; Published  
Judges Kaufman, T.M. Burns, and Bashara; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  89 Mich App 644; Link to Opinion alt     

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]

Not Applicable    

This Opinion was inadvertently omitted from prior Red Book Supplements and is included herein for completeness.

In this unanimous per curiam Opinion, the Court of Appeals denied benefits to plaintiff who was operating his automobile and was stopped in an intersection when an acquaintance of plaintiff opened the door and struck plaintiff in the nose. Apparently, the assailant was angry with plaintiff because plaintiff had refused to loan him his car two-days prior to the assault because of the assailant's intoxication. The Court of Appeals held that the assault in this case did not arise out of the ownership, operation, maintenance or use of the automobile as those terms are used in the insurance policy.