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Wallace v State Farm Mutual Automobile Ins Co; (COA-UNP, 10/11/1989; RB #1307)

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Michigan Court of Appeals; Docket No. 114391; Unpublished  
Judges Gillis, Sullivan, and Cavanagh; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:    
Allowable Expenses for Handicapper Motor Vehicles [§3107(1)(a)]    
Allowable Expenses: Reasonable Necessity Requirement [§3107(1)(a)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this short per curiam Opinion, the Court of Appeals held that based upon its review of the "entire record" in this case, the trial court did not err in refusing to find the defendant no-fault insurer liable for the cost of a specially equipped handicapper van for plaintiff who had become a paraplegic in an automobile accident. The plaintiff sued to recover the cost of the van, an hydraulic wheelchair lift, a citizen's band radio, tinted windows, a cot, a separate heater, a garage, a garage door opener, sidewalks, lifetime van replacements, as well as the cost of insurance, license fees and taxes. The decision does not review any of the evidence supporting plaintiffs claim for any of these expenses. On the contrary, the court simply states that the trial court's utilization of a "cost benefit analysis" was not inappropriate where the trial court used such an analysis to determine if the van was a "reasonably necessary" expense under §3107(a) of the act. Based upon the record, the court agreed with the trial court's conclusion that a van was not reasonably necessary in this case.


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