Michigan Court of Appeals; Docket Nos. 108948,113313, 113846; Published
Judges Doctoroff, Shepherd, and McDonald; Unanimous; Per Curiam
Official Michigan Reporter Citation: 183 Mich App 660; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Entering Into or Alighting From [§3106(1)(c)]
One-Year Notice Rule Limitation [§3145(1)]
Reimbursement to Servicing Insurer or ACF [§3172(3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam published Opinion, the Court of Appeals reversed the trial court denial of no-fault benefits and held that plaintiff was entitled to benefits pursuant to the parked vehicle provisions of §3106 because he was entering into a parked vehicle.
In this case, Hunt walked to the corner where his friend's car was stopped. He had the car keys in his hand and his left hand on the car door when he was struck by another vehicle. American Commercial Liability was the no-fault insurer of the vehicle Hunt was intending to enter. On the day of the accident, Hunt did not own a vehicle, nor did any member of his household. The vehicle which struck Hunt was insured by Allstate.
Hunt applied for benefits under the Assigned Claims Facility and Citizens Insurance was assigned the claim, paid benefits, and filed an action against American Commercial and Allstate for reimbursement.
The trial court found that because Allstate had not timely received notice of the accident within the one year time limitation, it was not liable for benefits and that Citizens was not entitled to reimbursement. The trial court further found that because Hunt was only "preparing to enter" the vehicle, American Commercial Liability Insurance was not liable to pay benefits.
In reversing the trial court on the parked vehicle issue, the Court of Appeals held that this case was similar to the case of Teman v Transamerica Insurance Company, 123 Mich App 262 (1983) (Item No. 615), which held that a claimant who had his foot on the back ledge of a truck while attempting to open the door to enter was in the process of entering the vehicle and entitled to benefits. The Court of Appeals in this case held that where claimant had car keys in his hand and his left hand on the car door, he was in the process of entering into the vehicle, and therefore, entitled to benefits under §3106(l)(c) entitling a person to benefits if injured while entering into the vehicle. The court further held that under §3115(l)(a), priority for benefits to non-occupants of motor vehicles requires payment of benefits by the owner or registrant of motor vehicles involved in the accident A vehicle which falls within one of the parked vehicle exceptions of §3106 is "involved in the accident," and, therefore, Hunt was entitled to benefits from American Commercial Liability Insurance, the insurer of the vehicle Hunt was entering. Consequently, Citizens was entitled to reimbursement from American Commercial Liability Insurance Company under §3172(3)(f).
As to the liability of Allstate, the insurer of the striking vehicle, the Court of Appeals affirmed the grant of summary disposition based upon the one year statute of limitations contained in §3145(1).
