Michigan Court of Appeals; Docket No. 69786; Published
Judges Gribbs, TJM. Burns, and Deming; Unanimous; Per Curiam
Official Michigan Reporter Citation: 135 Mich App 641; Link to Opinion 
STATUTORY INDEXING:
Exception to General Priority for Non-Occupants [§3115(1)]
Recoupment Between Equal Priority Insurers [§3115(2)]
Determination of Involved Vehicle [§3115]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This unanimous per curiam Opinion dealt with a claim by one insurance company against another under §3115(1) for recoupment of benefits paid to a person who was injured while a passenger on a motorcycle which was involved in an accident with a motor vehicle. The motorcycle collided with a Dodge. The passenger was thrown from the cycle and landed on top of a Grand Prix which was situated adjacent to the Dodge. The Grand Prix was not parked but was merely stationary in traffic.
The Court of Appeals affirmed the trial court's holding that the Grand Prix was not "involved in the accident" within the meaning of §3115(1). The Court noted that the Supreme Court's discussion of "involvement" in Heard v State Farm (hem number 605) was not particularly helpful because the Grand Prix was not considered to be parked. Rather, the Court of Appeals relied upon the analysis set forth in Stonewall Insurance Group v Farmers (item number 669) which held that "there must be some sort of activity that somehow contributes to the happening of the accident" The Court noted that in this particular case, there was no activity with respect to the operation of the Grand Prix which somehow contributed to the happening of the accident Therefore, the insurer of the Grand Prix had no obligation to pay no-fault benefits on behalf of the motorcycle passenger and was entitled to recoupment.
