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Charles v Auto Club Insurance Association; (COA-UNP, 12/12/1988; RB #1207)


Michigan Court of Appeals; Docket No. 100941; Unpublished    
Judges Gribbs, Shepherd, and Cooper; Unanimous; Per Curiam    
Official Michigan Reporter Citation:  Not Applicable; 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 Opinion, the Court of Appeals denied PIP benefits to the plaintiff in yet another assault case.

In this case, the plaintiff was injured when three individuals beat him and stole his automobile. His automobile was insured under a policy issued by defendant. One of the assailants testified that he and his companions set out on the date of the injury to "rob people." They noticed plaintiff’s Buick, and searched for its owner. When they found him, they hit him over the head and stole his money and car keys.

The Court of Appeals, relying upon the decision in Thornton v Allstate Insurance, 425 Mich 643 (1986), noted that courts have found that an assault upon the driver or occupant of a car is generally not the type of conduct which is reasonably identifiable with the use of a motor vehicle as a motor vehicle.

Although an assault may result in recovery where the assault is directed at the vehicle itself, rather than the driver, here, the assailants beat and robbed decedent while he was in a park several feet away from his vehicle. Thus, the assault was directed at decedent, not his automobile.

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