Michigan Court of Appeals; Docket No. 78-3552; Unpublished
Judges Allen, T. Burns, and Holbrook; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Specific Exclusions from Motor Vehicle Definition [§3101(2)(e)]
Exception to General Priority for Non-Occupants [§3115(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a per curiam Opinion, this panel of the Court of Appeals unanimously held that a motorcyclist who was not covered by any no-fault policy applicable to him and who sustained accidental bodily injury a collision with an automobile, was entitled to recover full no-fault benefits from the insurance company of the owner of the automobile.
The Court acknowledged that motorcyclists are excluded from the no-fault statute in that they do not come within the definition of a motor vehicle as provided in §3101(2). Therefore, a motorcyclist is not required to maintain insurance for the payment of personal protection insurance benefits. However a motorcyclist is still entitled to recover personal insurance protection benefits if he or she sustains accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle. That kind of injury occurred in this case and, therefore, the plaintiff was permitted to recover.
The Court also ruled that the automobile driver was entitled to claim the tort immunity against liability for economic losses.
[Author's Comment: This decision reverses item number 136.]
