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Schuster v Allstate Insurance Co; (COA-PUB, 10/22/1985; RB #880)

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Michigan Court of Appeals; Docket No. 71333; Published   
Judges Beasley, Gillis and Kelly; Unanimous; Per Curiam    
Official Michigan Reporter Citation: 146 Mich App 578; Link to Opinion alt    


STATUTORY INDEXING:  
Definition of Motor Vehicle (General) [§3101(2)(e)]  
Definition of Motor Vehicle (Snowmobiles) [§3101(2)(e)]  
Exclusion for Vehicles Considered Parked [§3106(1)]  
Exception for Unreasonably Parked Vehicles [§3106(1)(a)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals held that a snowmobile was not a "motor vehicle" for purposes of the no-fault statute and thus, one who is injured solely as a result of the use of a snowmobile is not entitled to no-fault benefits. However, in this case, plaintiff sustained serious injuries when the snowmobile on which he was riding struck a parked car. The court held that if plaintiff could prove that the vehicle was parked in such a way as to cause unreasonable risk of injury under §3106(lXa), plaintiff would be entitled to collect no-fault benefits from the insurance company issuing a no-fault policy to the relatives with whom plaintiff resided at the time of his accident.


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