Michigan Court of Appeals; Docket No. 103229; Published
Judges Doctoroff, Wahls, and Brown; Unanimous; Per Curiam
Official Michigan reporter Citation: 174 Mich App 251; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion relying upon the Supreme Court's earlier decision in Belcher v Aetna Casualty (Item No. 313), the Court of Appeals held that the widow and children of a deceased motorcycle operator who did not carry the requisite motorcycle insurance were barred from recovering no-fault benefits under their own automobile no-fault policy. The Court held that the rights of the widow and children are derivative of the right of the deceased motorcyclist to recover no-fault benefits had he lived. In this case, the motorcyclist would not have recovered no-fault benefits because he would have been disqualified under §3113(b) of the Act which disqualifies the owners of motorcycles involved in the accident who have not purchased motorcycle insurance. Therefore, the widow and children seeking to recover survivors' loss benefits under §3108 as a result of the motor vehicle accident death of their motorcyclist relative, are likewise precluded.
