Court of Claims; Docket No. 6984; Unpublished
Judge Michael G. Harrison; 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)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion regarding a suit for no-fault property protection benefits, Judge Michael G. Harrison ruled that "non-consensual use" of the automobile is not a defense that can be asserted by the property protection insurer in avoidance of a claim for property damage sustained by a legally parked automobile. In this case, an employee of the State of Michigan took a state owned vehicle and operated the same without authority. The vehicle collided with plaintiff’s vehicle which was legally parked. The State contended that they did not have any liability as a self-insured property protection insurer to the owner of the parked vehicle for the reason that the state employee did not have any authority to operate the vehicle in question. In holding that non-consensual use is not a defense, Judge Harrison stated, "In the opinion of the Court, the advent of no-fault modifies [prior law.] Non-consensual use is introduced only once in that act. MCLA 500.3113 disqualifies a person for personal injury protection benefits when a person is illegally operating a vehicle. No form of non-consensual use was incorporated with respect to property protection benefits."
