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Duffy v Grange Insurance Company of Michigan (COA-UNP; 09/21/2010; RB #3141)

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Michigan Court of Appeals; Docket #290198; Unpublished
Judges Saad, Hoekstra, and Servitto; unanimous; per curiam
Official Michigan Reporter Citation:  Not applicable, Link to Opinion


STATUTORY INDEXING: 
Definition of Motor Vehicle (ORVs and ATVs) [3101(2)(g)]

TOPICAL INDEXING:  
Not applicable    


CASE SUMMARY: 
In this unanimous unpublished per curiam opinion, the Court of Appeals held that the ORV amendment to Section 3101(2)(e), which states that “motor vehicle does not include an ORV,” should be given prospective effect only and, thus, should not be retroactively applied to disqualify ORV injuries which occurred prior to the effective date of the statute.  Therefore, plaintiff, who was operating an ORV along the Little Manistee Trail when she became involved in an accident that left her paralyzed, was entitled to recover PIP benefits under her no-fault automobile insurance policy issued by defendant.


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