U.S. District Court, Eastern District of Michigan; Unpublished
Judge Gilmore; ____________
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 published Opinion, Judge Gilmore held that a semi-tank truck (both the tractor and trailer) constituted a motor vehicle for purposes of the No-Fault Act, and the unloading of chemicals from such a tank truck vehicle constituted "use" for purposes of awarding property protection insurance benefits under §3121, in an incident where a hose ruptured during the unloading process causing property losses from the ensuing chemical spill. Judge Gilmore held that the No-Fault Act is remedial in nature and is to be broadly construed. He further held that the term "use" as used in §3121 should be understood in its most comprehensive sense and extends to any activity utilizing the semi-tank truck in a manner that was intended or contemplated by the insured. A tank truck such as the one involved in this case would be of no use were it not loaded and unloaded with various substances. In holding that "use" involves the loading and unloading of vehicles for purposes of recovering property protection insurance benefits, Judge Gilmore rejected the defendant's arguments that the failure to specifically include "loading and unloading" in §3121 was indicative of the legislature's intent to deny property protection benefits in loading/unloading accidents. Finally, Judge Gilmore held that the term "arising out of" as used in the No-Fault Act does not require proximate cause in the strict legal sense.
