Michigan Court of Appeals; Docket No. 78-2121; Published
Judges Maher, Kaufman, and T. M. Burns; Unanimous
Official Reporter Citation: 90 Mich App 56; 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 Opinion by Judge Maher, the Court of Appeals ruled that whenever a pedestrian or other nonoccupant sustains bodily injury as a result of an accident involving an automobile, the nonoccupant is to receive no-fault benefits from his own no-fault insurance company rather than obtaining no-fault benefits from the insurer of the automobile causing the accident. In so holding, the Court analyzed the relationship between §3114 and §3115 of the statute and held that §3115 establishes priorities for only those nonoccupants who are not otherwise covered, as, for example, when neither the nonoccupant nor anyone in his household owns an automobile. However, where the nonoccupant is covered, either as an owner or a registrant of an insured motor vehicle or as a member of the same household as an owner or registrant, §3114 provides that his own insurer must pay personal protection insurance benefits.
In reaching its conclusion, the Court of Appeals specifically adopted the reasoning of the Porter decision (item number 53) and the Piersante decision (item number 167). To the extent that the decision in Davidson I (item number 44) provided to the contrary, this panel of the Court of Appeals expressly declined to follow it.
