Michigan Court of Appeals; Docket No. 116473; Published
Judges Murphy, Hood, and Neff; Unanimous
Official Michigan Reporter Citation: 182 Mich App 703; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
Exception for Occupants [§3114(4)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Neff, the Court of Appeals interpreted the definition of "occupant" of a vehicle contained in §3114 of the Act.
The insured, Charles Montgomery, was driving his employer's truck on the employer's farm. He got out of the truck to move some tools which were in the truck's path, leaving the motor running and the door open. As he was returning to the truck, the transmission slipped into reverse. He jumped onto the running board and was reaching inside the truck when he slipped and fell under the truck and was injured.
The Court of Appeals held that under these facts, it agreed with the trial court's determination that Montgomery was an occupant of the truck when he was injured within the meaning of §3114.
The court further denied attorney fees on cross-appeal by Auto Owners based upon a bona fide factual uncertainty. A legitimate question of the definition of "occupant" existed here.
