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Cerchiori v Allstate Insurance Company; (COA-UNP, 12/4/1986; RB #988)


Michigan Court of Appeals; Docket No. 87371; Unpublished  
Judges MacKenzie, T.M. Burns, and Joslyn; 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)]  
Exclusion for Vehicles Considered Parked [§3106(1)]  
Causal Connection Requirement [§3106]

Not Applicable    

In this unpublished per curiam Opinion, the Court of Appeals reversed a trial court denial of defendant's motion for summary disposition on plaintiff’s claim for survivor's loss benefits.

Plaintiff’s decedent had suffered a heart attack while shoveling snow from the driveway. The sole question on appeal was whether plaintiffs decedent's death "arose out of" the ownership, maintenance or use of a motor vehicle within the meaning of §3105 of the statute. Inasmuch as a parked vehicle was involved, the Court also considered plaintiff’s claim that the injury occurred under circumstances specified in §3106 and §3106(lXa) which specify circumstances wherein a vehicle was parked in a way to cause unreasonable risk of injury or where injuries were sustained by a person while entering into or alighting from a vehicle. Citing from the recent Supreme Court case of Thornton v Allstate (Item No. 935), the Court held that the necessary causal connection must be more than incidental and fortuitous, and that a "but for" connection is insufficient to invoke application of the No-Fault Act. Since the Court found that the proximity of the vehicle to decedent's heart attack was fortuitous and incidental, the trial court's ruling denying defendant's motion for summary disposition was reversed, and the case remanded for entry of judgment on behalf of defendant.

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