Grand Traverse County Circuit Court; Docket No. 81-9285-CR; Unpublished
Judge Charles M. Forster; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]
Nature of Survivor’s Loss Benefits [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
The plaintiff’s decedent, an elderly man with a history of quadruple bypass surgery seven years earlier, died in an apparent single vehicle collision. The pathologist, without the benefit of an autopsy, determined that a heart episode of undetermined severity probably preceded the collision. He further opined that while the injuries suffered in the collision (including fractured ribs, fractured clavicle, one fractured vertebra and internal injuries) were not sufficient in and of themselves to result in death within moments, they were a contributing factor in causing the decedent's death. Due to internal bleeding following the accident related trauma, it has evident that the decedent was alive when the injuries occurred.
Defendant insurer denied benefits, claiming that the decedent's death did not "arise out of the use of a motor vehicle as a motor vehicle." Judge Forster ruled that survivor's loss benefits were payable, finding that plaintiff's decedent's death did in fact arise out of the use of a motor vehicle pursuant to §3105(1).
