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Nerat v Swacker; (COA-PUB, 3/18/1986; RB #916)

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Michigan Court of Appeals; Docket No. 83414; Published    
Judges Walsh, Gribbs, and Shepherd; Unanimous; Per Curiam  
Official Michigan Reporter Citation: 150 Mich App 61; Link to Opinion alt    


STATUTORY INDEXING:  
Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]  
General / Miscellaneous [§3135]    

TOPICAL INDEXING:    
Not Applicable   


CASE SUMMARY:   
In this unanimous per curiam Opinion, the Court of Appeals ruled that an action for property damage to a motorcycle may not be brought against the owner of an insured vehicle under the "mini-tort" provisions of §3135(2)(d) of the statute. This section permits a property damage action up to $400 for damages "to motor vehicles" to the extent that such damages are not covered by insurance. A motorcycle is not a "motor vehicle," and therefore is not entitled to recover for motorcycle damage under the mini-tort provision.


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