39th Judicial District Court; Docket No. 84-1100-CZ;
Judge William B. Ward; _____
Official Michigan Reporter Citation: _____; Link to Opinion
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
Certain Damages to Utilities [§3123(3)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Ward granted defendant's motion for summary judgment and ruled that plaintiff was not entitled to recover property protection insurance benefits under §3123(3) for the reason that its utility lines were hung too low and thus not in conformity with MCLA 247.186. The court found that plaintiff was precluded from maintaining this action even though the wires were not on or over a traveled portion of the roadway.