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Smith v DAIIE; (COA-UNP, 6/2/1988; RB #1151)


Michigan Court of Appeals; Docket No. 100430; Unpublished  
Judges Gribbs, Beasley, and Drain; 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: Motor Vehicle Involvement [§3105(1)]  
Exception for Motorcycle Injuries [§3114(5)]

Not Applicable   

In this unanimous per curiam Opinion, the Court of Appeals affirmed an award of no-fault benefits in favor of a motorcyclist who was insured through the "involvement of a motor vehicle" insured by DAIIE.

Plaintiff was riding his motorcycle in a lane adjacent to a motor vehicle insured by DAIIE, when he lost control of the motorcycle, and in the process of attempting to regain control, extended his leg and pushed off from the left rear tire of the car. The motorcycle then veered in the opposite direction and went up over a curb and hit a brick wall.

The Court of Appeals interpreted the provisions of §3105 dealing with the "arising out of" requirements of the Act, as well as §3114(5) dealing with injury to a motorcyclist through the "involvement of a motor vehicle."

Noting that plaintiff here had actually collided with the moving motor vehicle, the Court of Appeals held that this was sufficient evidence of involvement of a motor vehicle to allow recovery of no-fault benefits.

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