Michigan Court of Appeals; Docket No. 77-4878; Unpublished
Judges Bronson, Maher, and Letts; Unanimous
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General Rule of Priority [§3114(1)]
Exception to General Priority for Non-Occupants [§3115(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a unanimous decision, the Court of Appeals held that pursuant to the interplay between §3114(1) and §3115(1) of the no-fault statute, a plaintiff motorcyclist who sustains bodily injury in an accident involving an automobile is entitled to collect personal insurance protection benefits from his own no-fault carrier under an automobile policy covering an uninvolved automobile owned by the plaintiff. In so holding, the Court agreed with the holding of Porter v Michigan Mutual (item number 53) and rejected defendant's argument that Porter should be limited to situations where the motorcyclist had "optional coverages" insurance which applied to accidents where no motor vehicle was involved. The Court held that the priority language of §3114(1) made plaintiffs personal no-fault automobile policy primary in this fact situation.
