United States Sixth Circuit Court of Appeals; Docket No. 82-1014
Judges Kennedy, Contie, and Wellford; Published
Official Federal Reporter Citation: 701 F.2d 573; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this published Opinion written by Judge Contie, the Sixth Circuit Court of Appeals held that a railroad train was entitled to collect property protection insurance benefits under §3121 of the no-fault statute from the insurer of a truck which collided with the train. The Court rejected the defendant insurer's arguments that the damage was excluded under §3123(a) for the reason that the train was "a vehicle being operated upon a public highway." The Court stated that when a train travels along its own rails, it is not operating on a public highway. Second, the Court rejected the arguments of defendant insurer that the train was a "vehicle." The Court noted that under the Motor Vehicle Code (MCLA 257.79) a train is specifically excluded from the definition of motor vehicle. The Motor Vehicle must be construed "im pari materia" with the no-fault statute. Therefore, the Court of Appeals affirmed the District Court's grant of summary judgment to plaintiff railroad for property protection benefits as a result of damage to the train.
