Michigan Court of Appeals; Docket Nos. 220391 and 224055; Published
Judges Bandstra, Whitbeck and Owens; unanimous
Official Michigan Reporter Citation: 248 Mich. App. 118, Link Opinion 
STATUTORY INDEXING:
Certain Damages to Utilities [3123(3)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In these two consolidated appeals involving identical factual questions of first impression, the Court of Appeals held that plaintiff Detroit Edison was not entitled to property protection benefits under 3123(3) because the property damage arose from the failure of Detroit Edison to comply with the statutory requirement under MCL 247.186 that it place its utility lines no less than 15 feet above the roadway.
The court held that Detroit Edison could seek property protection benefits for damages to equipment, other than transmission wires or cables.
The provisions of 3123(3) state that property protection insurance benefits are not payable for property damage to utility transmission lines, wires or cables arising from the failure of a utility company to comply with the requirements of MCL 247.186.
