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Cooke v Insurance Company of the State of Pennsylvania and Michigan Mutual Insurance Company (Amerisure); (COA-PUB, 4/15/1991; RB #1472)


Michigan Court of Appeals; Docket No. 130248; Published   
Judges Weaver, Gillis, and Doctoroff; Unanimous; Opinion by Judge Weaver  
Official Michigan Reporter Citation:  188 Mich App 453; Link to Opinion alt  

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

Not Applicable   

In this unanimous Opinion by Judge Weaver, the Court of Appeals affirmed a denial of no-fault benefits to plaintiff trucker whose thrombophlebitis arose from long periods of time spent sitting, much of which involved his work as a truck driver. The Court of Appeals relied on its earlier holding in Wheeler v Allstate Insurance and Tucker Freight Lines (Item No. 643) and distinguished the decision in McKim v Home Insurance Company (Item No. 734) and held, “There is no such presumption tying plaintiff’s disability to a specific time and place. All the medical evidence in the record indicates that plaintiff’s injury arose from the long periods of time he spent sitting. Under these circumstances the court did not err in granting defendant's motion on the ground that it was not attributable to a single identifiable evident or accident."  

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