Michigan Court of Appeals; Docket No. 115393; Unpublished
Judges Jansen, Sullivan, and Weaver; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
PPI Benefits Not Payable for Intentionally Suffered Injury [§3121(4)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion involving a claim for property protection benefits, the Court of Appeals addressed the issue of whether fire damage to a school building arose out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle, as required by §3121, when the vehicle was driven into or immediately adjacent to the school, allegedly intentionally set on fire, thereby causing extensive fire damage to the building.
United States Fire Insurance Company paid for the damage to the school and its contents. It then filed an action against Allstate, the no-fault automobile insurer on the vehicle which had been set on fire, claiming property damage benefits arising out of the ownership, operation, or use of the car.
In reliance upon the frequently cited case of Thornton v Allstate, 42S Mich 643 (1986), the Court of Appeals upheld the trial court decision that the damage to the school did not arise out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle. Quoting from Thornton, supra, the court stated that coverage was not available where the causal connection between the injury and the use of a motor vehicle was not directly related to the vehicle's character as a motor vehicle. The car was not being used as a motor vehicle, but instead was used as a torch or kindling. The court also rejected the contention that part of the damage was vehicle caused, rather than fire caused. In light of evidence presented by affidavits and documents, the court held that the trial court correctly ruled that the claimed vehicular damage caused by the car striking the building was "overcome" by the fire damage.
