Michigan Court of Appeals; Docket No. 148393; Unpublished
Judges Shepherd, Holbrook, and MacKenzie; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals affirmed the judgment that entered in favor of the plaintiff insurance company in this declaratory relief suit involving a claim for uninsured motorist coverage.
The defendant was injured when she was struck by an automobile while standing in a private lot. The vehicle which struck the defendant was an automobile modified for competition in a demolition derby and was not insured. Defendant sought uninsured motorist coverage under a policy issued to her brother by plaintiff.
The issue before the court was whether the demolition derby automobile was a "motor vehicle" as defined in the policy issued by plaintiff. The policy definition of an uninsured motor vehicle excluded a land motor vehicle "designed for use mainly off public roads except while on public roads." The Court of Appeals affirmed the trial court's ruling that the demolition derby vehicle was designed for use mainly off of public roads, and here, the accident in fact did occur off of public roads in a private parking lot. The court did not consider whether the demolition derby car was a "motor vehicle" as defined in the Michigan no-fault act, as that argument had not been raised in the trial court and therefore, was not preserved on appeal.
