Michigan Court of Appeals; Docket No. 55926; Unpublished
Judges R. B. Burns, MacKenzie, and Root; __________
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Disqualification for Intentionally Suffered Injury [§3105(4)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a case of first impression, the Michigan Court of Appeals held that a person who suffers an unintended injury which resulted from an intentional act is not disqualified from recovering benefits under §3105(4). This section of the statute defines bodily injury (the thing for which PIP benefits are paid) in such a way as to exclude injuries which are "suffered intentionally by the injured person or caused intentionally by the claimant."
The injured person in this case, Martin Frechen, climbed onto the hood of his wife's car in an effort to prevent her from leaving the parking lot of a tavern after the two of them had a fight. Mrs. Frechen applied the brakes, causing Mr. Frechen to fall under the car sustaining injuries which apparently resulted in his death. There was no dispute in this case that Mr. Frechen did not intend to injure himself but was only trying to prevent his wife from leaving him behind.
In reaching its conclusion, the Court of Appeals rejected arguments of the defendant that an injury is suffered or caused intentionally if the consequences are logically foreseeable. In disapproving this test, the court noted that it would greatly limit the liability of a no-fault insurer inasmuch as most accidents involve some type of an intentional act (i.e., speeding, drunk driving, failure to yield, etc.) which often result in injuries which are not intended but which could be deemed to be foreseeable. Such a result could not have been intended by the legislature in enacting the no-fault statute.
