Michigan Supreme Court; Docket No. 67492; Published
Justice James Brickley
Official Michigan Reporter Citation: 418 Mich 602; 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:
Not Applicable
CASE SUMMARY:
This decision is the companion case to Pioneer State v Allstate (item number 678). In this unanimous opinion by Justice Brickley, the Supreme Court ruled that property damage to a motorcycle sustained in a collision with a motor vehicle while the motorcycle is being operated on a public highway is excluded from property protection insurance benefits under §3123 of the No-Fault Act. The Court based its opinion upon the analysis used in Pioneer State Mutual v Allstate. The Court held that the term "vehicle" as used in the exclusionary provisions of §3123 is not synonymous with the term "motor vehicle" used in §3 H)l(2)(c). Under the exclusionary provisions, an insurer need not pay property protection insurance benefits for damage to a "Vehicle" which is operated or designed for operation upon a public highway by power other than muscular power. A motorcycle is such a vehicle. In this case, the plaintiff was operating his motorcycle on a public highway at the time of the accident and is therefore excluded from receipt of property protection insurance benefits under the No-Fault Act.
