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Simon v Allstate Ins Co and General Motors Corp; (COA-UNP, 4/16/1987; RB #1037)

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Michigan Court of Appeals; Docket No. 88756; Unpublished  
Judges Shepherd, Gribbs, and Lamb; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Definition of Motor Vehicle (General) [§3101(2)(e)]  
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]  
Entitlement to PIP Benefits: Motor Vehicle Involvement [§3105(1)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In this unanimous per curiam Opinion relying on an earlier holding in Logan v Commercial Carriers, Inc (Item No. 943), the Court of Appeals denied no-fault benefits to a plaintiff who was insured while driving a motor home chassis in a shipping yard. The chassis consisted of a frame, some wheels and a transmission with a wooden box located in front of the steering column. The chassis had no seat belts, no lights, no windshield wipers, and no turn signals. It was not registered or licensed. The Court denied benefits on the basis that plaintiff was not injured while operating a motor vehicle. The Court held that under §3101(2)(c), a vehicle is something that must (1) be operated or designed for operation upon a public highway; (2) be powered by a source other than muscular power; and (3) have more than two wheels. In its stripped down condition, the Court concluded, as did the Logan court, that the chassis was not designed primarily for operation on the highway. Therefore, benefits were properly denied.


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