Michigan Court of Appeals; Docket No. 115104; Unpublished
Judges Holbrook, Jr., Murphy, and Jansen; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Uninsured Motorist Coverage in General
Uninsured Motorist Benefits: Physical Contact Requirement
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed denial of uninsured motorist benefits to plaintiff, on the basis that plaintiff did not satisfy the insurance contract requirement of physical contact.
In this case, plaintiff alleged that he sustained injuries when a passing truck generated a gust of wind thereby causing him to fall.
The Court of Appeals held that a gust of wind generated by a passing truck does not satisfy the physical contact requirement of plaintiff s insurance policy provision for uninsured motorist benefits. While cases generally hold that physical contact can occur indirectly through an intermediate tangible object such as a rock cast off by a disappearing vehicle onto an insured's vehicle, fairly read, the plain and ordinary meaning of "physical contact" does not include intangible forces such as wind. Consequently, the court affirmed denial of uninsured motorist benefits to plaintiff. Compare Hill v Citizens Insurance Company, 157 Mich App 383 (1987); Auto-Club Insurance Association v Methner, 127 Mich App 683 (1984).
