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Moreno v Farmers Insurance Exchange; (COA-UNP, 10/10/1995; RB #1824)


Michigan Court of Appeals; Docket No. 175549; Unpublished  
Judges Neff, McDonald, and Nelson; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   

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

Not Applicable    

In this unanimous unpublished per curiam Opinion, the Court of Appeals reversed the trial court's grant of summary disposition in favor of defendant and found that plaintiff was entitled to pursue his claim for no-fault PIP benefits regarding a skull fracture sustained by him when he was hit in the head by a piece of concrete that was thrown at the vehicle in which he was a passenger. In citing previous precedent, the Court of Appeals stated:

".. .assaults consisting of the propelling of an object at a motor vehicle where the assault is perpetrated against the vehicle and not any particular occupant, is a risk forseeably identifiable with the normal use of a vehicle and thus subject to no fault coverage. Considering all evidence presented in a light most favorable to plaintiff, the trial court erred in granting summary disposition."

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