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Labadie v Westfield lns Co; (COA-UNP, 6/11/1985; RB #867)

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Clare County Circuit Court; Docket No. 80-005325-NI (A); Unpublished  
Judge Kurt N. Hansen; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Security Requirement Applicable for Highway Use [§3101(1)]  
Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this written Opinion, Judge Hansen ruled that a plaintiff who sustained injury when he fell out of an open farm hay wagon which was being towed by a tractor along a public road was entitled to collect no-fault benefits. In light of the fact plaintiff did not have a no-fault policy of his own and did not live in a household where a relative had insurance, plaintiff was entitled to draw his no-fault benefits from the insurer of the owner of the hay wagon and tractor. The court based its holding on Pioneer v Allstate (Item No. 420), which held that although a tractor was a vehicle exempted from registration under the Motor Vehicle Code, if the tractor was operated on a public highway by power other than muscular power, it was a motor vehicle for purposes of the no-fault statute. Likewise, the Supreme Court held in Lee v DAHE (Item No. 489) that entitlement to no-fault benefits does not require the involvement of a registered motor vehicle.


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