Pioneer State Mutual Insurance Corn an v State Farm; (COA-PUB, 10/21/1981; RB #459)

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Michigan Court of Appeals; Docket No. 52361; Published    
Judges MacKenzie, Brennan, and Cavanagh; Unanimous    
Official Michigan Reporter Citation: 110 Mich App 617; Link to Opinion alt    


STATUTORY INDEXING:  
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]  
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this unanimous Opinion by Judge Brennan which is very similar to the holding in Pioneer State v Allstate (item number 420), the Court held that a piece of farm equipment called a "cherry shaker" is a "vehicle" within the meaning of the property protection exclusions of §3123 of the Act and, thus, is not entitled to receive property protection insurance benefits when it is damaged by a moving automobile. The Court held that such equipment is excluded by §3123 because (1) it is a vehicle, (2) it is operated on a public highway, and (3) it is operated by power other than muscular power.