Berrien County Road Commission v Jones; (COA-PUB, 9/7/1982; RB #589)

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Michigan Court of Appeals; Docket No. 59180; Published  
Judges Cavanagh, Maher, and Glaser; Unanimous  
Official Michigan Reporter Citation: 119 Mich App 315; Link to Opinion alt   


STATUTORY INDEXING:   
General / Miscellaneous [§3135]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this unanimous Opinion by Judge Glaser, the Court of Appeals held that the defendant owner/registrant of a truck registered in Indiana was entitled to claim tort immunity for property damage under §3135(2) where the defendant had voluntarily insured the vehicle with a policy of no-fault insurance issued in compliance with the Michigan statute, even though the vehicle has not required to be registered in Michigan and not required to be insured. The Court held that it would not penalize the defendant and deny it the tort immunities of the Act where the defendant had done more than the statute required in terms of purchasing insurance. The Court stated, "We hold that defendants, having paid their dues in the risk spreading system and being the owners or registrants of a motor vehicle as defined in the statute, are entitled to the immunity of §3135(2) of the No-Fault Act."