Michigan Court of Appeals; Docket No. 241673; Unpublished
Judges Cooper, Markey, and Meter; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [3106(1)]
Exception for Unreasonably Parked Vehicles [3106(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that the plaintiff motorcyclist was precluded by the parked vehicle exclusion contained in MCL 500.3106 from receiving no-fault benefits as a result of injuries he received when his motorcycle struck the back of a parked vehicle, which was parked on a road that had been closed for parking by the police during a local festival.
Defendant’s insured parked his car in the outside right lane of Center Road which had been closed for parking during a festival. He was parked in what was normally a through lane for traffic that had been temporarily closed and designated for parking. He parked in a spot as directed by the police at a time when the road was closed to through traffic.
Plaintiffs were injured when the motorcycle they were riding crashed into the back of the parked vehicle. At issue in this case was whether the vehicle was “unreasonably parked” so as to bring the case within the exception to the parked vehicle exclusion of coverage in 3106(1)(a).
Relying on Autry v Allstate Insurance Company, 130 Mich App 585 (1983), which held that if a vehicle is parked on the road in an area designated for parking, it is not unreasonably parked even though it may be illegally parked, the Court of Appeals in this case upheld the trial court ruling in favor of the insurance company.
Defendant was parked in a safe and prudent manner, in that his car was within the designated parking lane and marked by traffic cones. Therefore, defendant’s insured’s vehicle was not unreasonably parked within the meaning of 3106(1)(a).
