Michigan Court of Appeals; Docket No. 46057; Unpublished
Judges Allen, M. J. Kelly, and J. J. Kelley;
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Security Requirement Applicable for Highway Use [§3101(1)]
Definition of Motor Vehicle (Golf Carts) [§3101(2)(e)]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
Relying upon the previous decision in Citizens Insurance Company v Detloff (item number 181), this panel of the Court of Appeals unanimously held that plaintiff was entitled to recover no-fault benefits when she sustained an injury while riding in a three wheel golf cart that overturned on a public highway. The actual language contained in plaintiff’s policy of no-fault insurance did not restrict the availability of no-fault coverage to those motor vehicles "required to be registered in this state," even though such language appears in §3101 of the Act The Court ruled that where the insurance company failed to incorporate the more restrictive policy language and instead, broadly defines the concept of motor vehicle so that a golf cart would be covered under the policy, the insurer is obligated to pay the no-fault benefits when the insured sustains injury while operating the golf cart on a public highway.