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Morosini v Citizens Insurance Company; (COA-PUB, 10/20/1998; RB #2020)


Michigan Court of Appeals; Docket No. 186760; Published   
Judges Holbrook, Jr., Fitzgerald, and Smolenski; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  232 Mich App 259; Link to Opinion alt    

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]  
Entitlement to PIP Benefits: Transportational Function Requirement [§3105(1)]  

Not Applicable    

In this unanimous per curiam published Opinion, the Court of Appeals reconsidered its decision in Morosini v Citizens Insurance Company, 224 Mich App 70 (1997) (Item No. 1942) on remand from the Supreme Court, in light of the Supreme Court's decision in McKenzie v Auto Club Insurance Association (Item No. 1995), which held that the determination of whether an injury arises out of the use of a motor vehicle as a motor vehicle under §3105(1) turns on whether the injury is closely related to the transportational function of motor vehicles. In this case, the Court of Appeals affirmed its prior holding granting no-fault PIP benefits in a case where plaintiff was assaulted by the driver of another vehicle, after the two vehicles were involved in a rear-end collision, and the two drivers were exchanging information at the scene.

The court held that its holding was consistent with the approach taken in McKenzie, supra, which focuses on the transportational function, because the fulfillment of statutory obligations with regard to motor vehicle accidents is intimately connected with the transportational function of a motor vehicle.

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