Michigan Court of Appeals; Docket No. 78-4372; Published
Judges R. B. Burns, Holbrook, and Burdick; Unanimous
Official Michigan Reporter Citation: 92 Mich App 58; Link to Opinion 
STATUTORY INDEXING:
Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]
Motorcycle First Party Coverage: Duty to Offer / Coverage Available [§3103]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a unanimous Opinion, the Court of Appeals held that a motorcyclist who was injured in an accident not involving a motor vehicle was entitled to receive no-fault wage loss benefits where the motorcyclist had purchased nonrequired personal injury protection coverage. In this case, the plaintiff had obtained regular no-fault insurance for his pickup truck and later transferred that insurance and the premium applicable thereto to his motorcycle. It was uncontested that the original insurance policy which plaintiff purchased was in effect at the time of the accident and that there had been no statutorily effective cancellation of the plaintiff’s personal injury protection benefits.
The Court of Appeals rejected the theory of the defendant that the optional nonrequired personal injury protection coverage would apply only to collisions involving a motor vehicle. The Court stated that it was the sole purpose of plaintiff’s policy to provide full insurance coverage for the motorcycle.
The Court's opinion is consistent with the opinion in Porter v Michigan Mutual (item number 53).
