Roscommon County Circuit Court; Docket No. 79-2468-NO; Unpublished
Judge Carl L. Horn; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss Of Use) [§3121(1)]
Requirement That Benefits Were Unreasonably Delayed or Denied [§3148(1)]
Bona Fide Factual Uncertainty / Statutory Construction Defense [§3148]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge Horn held that the owner of an ice storage facility was entitled to recover property protection insurance benefits from the insurer of a gasoline delivery truck that exploded and burned when making a delivery. The fire was caused by a faulty hose in the gasoline truck which leaked gasoline onto the muffler of the ruling vehicle. The Court applied the "casual connection test" set forth in Shinabarger v Citizens (item number 204) and found that plaintiff was entitled to recover property protection insurance benefits under the provisions of §3121 of the statute. The Court also held that the insurance company's denial of liability in this case was not unreasonable "because a meritorious argument had been presented," therefore no attorney fees were awarded pursuant to §3148 of the Act.
