Michigan Court of Appeals; Docket No. 100599; Unpublished
Judges Weaver, Maher, and Simon; 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 per curiam Opinion, the Court upheld a so-called "household vehicle" or "other owned vehicle" exclusion so as to prevent plaintiff from recovering under his father's uninsured motorist policy when plaintiff sustained injury while operating a motorcycle that was involved in a collision with an uninsured automobile. The defendant's policy excluded uninsured motorist benefits on behalf of a person "while occupying a motor vehicle which is owned by you or a relative unless that motor vehicle is your car." The Court held that this exclusion properly applied to plaintiff’s use of his motorcycle because the motorcycle should be considered a "motor vehicle" for purposes of this exclusion even though motorcycles are not always considered "motor vehicles" in other no-fault contexts. In this regard, the Court stated, "because a motorcycle is considered a 'motor vehicle' in its ordinary and popular sense as well as in its technical meaning, and because plaintiff here requests uninsured motorist benefits rather than no-fault benefits, we agree that an exclusion of motorcycles from the definition of motor vehicle would be inappropriate in this case. Therefore, the circuit court properly considered plaintiff’s motorcycle a motor vehicle within the meaning of the policy's unambiguous exclusionary clause."
