Berrien County Circuit Court; Docket No. 80-537-CK-W; Unpublished
Circuit Judge WilliamS. White; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]
Definition of Motor Vehicle (General) [§3101(2)(e)]
Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion, Judge William S. White ruled that a motorcyclist who was injured in a collision with a four wheel diesel powered tractor pulling a disc harrow, was not entitled to no-fault benefits inasmuch as neither the motorcycle nor the tractor/disc harrow were "motor vehicles" under §3101 of the statute. Relying upon the Court of Appeals decision in Shoemaker v National Ben Franklin (item number 43), Judge White held that the tractor/disc harrow was not a motor vehicle under §3101(1) because it was not a "vehicle required to be registered in this state." The Court of Appeals decision in Citizens v Detloff (item number 181) did not change this result because that opinion dealt with insurance policy language which expanded the availability of no-fault coverage by omitting the "registered vehicle" limitation of §3101(1). Clearly, the motorcycle was not a motor vehicle and recent amendments to the statute did not evidence a legislative intent to include motorcyclists within the no-fault scheme regardless of whether the accident involved a motor vehicle.