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Mair v State Farm; (COA-UNP, 4/13/1981; RB #399)


Michigan Court of Appeals; Docket No. 45 857; Unpublished  
Judges Holbrook, Bronson, and Walsh; Per Curiam  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    

Entitlement to PIP Benefits: Arising Out of / Causation Requirement [§3105(1)]

Not Applicable    

In a per curiam Opinion, the Court held that plaintiff was not entitled to recover no-fault benefits where he sustained injury while hitching a ride on a railroad train in an effort to seek service for his disabled motor vehicle. The Court held that the injury did not arise out of "maintenance" of a motor vehicle in that an intention to repair a motor vehicle is not actual maintenance. Therefore, plaintiff was not permitted to recover benefits.

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