Michigan Court of Appeals; Docket #235030; Unpublished
Judges Griffin, Gage and Meter; unanimous; per curiam
Official Michigan Reporter Citation: Not Applicable, Link Not Available 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Uninsured Motorist Benefits in Motorcycle Accidents
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff was not entitled to uninsured motorist coverage under his own automobile no-fault policy where plaintiff was injured when operating an uninsured motorcycle when struck by an uninsured automobile.
The Court of Appeals held that the coverage was properly denied under the uninsured motorist coverage based upon the “other owned vehicle exclusion” contained in the policy which provided that coverage was not available:
“FOR BODILY INJURY TO AN INSURED:
a. WHILE OCCUPYING A MOTOR VEHICLE OWNED BY OR LEASED TO YOU, YOUR SPOUSE OR ANY RELATIVE IF IT IS NOT INSURED FOR THIS COVERAGE UNDER THIS POLICY;. . .”
The term “motor vehicle” is not defined in the uninsured motorist portion of the policy. Although it is defined in the no-fault benefits portion of the policy, that definition is not relevant to the exclusion contained in the uninsured motorist portion of the policy. The Court of Appeals held that the undefined term “motor vehicle,” when given its common sense, ordinary meaning, includes a motorcycle. Wert v Citizens Insurance Company of America, 241 Mich App 316; 615 NW2d 779 (2000) (Zahra, dissenting), reversed for reasons stated in dissent, 463 Mich 927; 620 NW2d 309 (2000).
The Court of Appeals held that the policy unambiguously excluded coverage for this accident.
