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A & G Associates, Inc. et al v Michigan Mutual; (COA-PUB, 10/7/1981; RB #456)


Michigan Court of Appeals; Docket No. 54958; Published  
Judges Bronson, Maher, and O'Brien; Unanimous; Per Curiam  
Official Michigan Reporter Citation: 110 Mich App 293; Link to Opinion alt    

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

Private Contract (Meaning and Intent)   

In this unanimous, per curiam Opinion, the Court of Appeals held that a typical automobile liability policy owned by a taxicab company did not provide liability coverage for a customer who was viciously assaulted by a cab driver with a tire iron outside of the taxicab. Under the policy language, liability coverage was extended for injuries which "arose out of" the ownership, maintenance or use of the vehicle. The Court applied the "causal connection" rule established in Kansas v Aetna and held that the connection between the passenger's injuries and the operation of the taxicab was merely incidental and fortuitous. The Court stated that, "A different result might have been reached" had the passenger's injuries resulted from the taxi driver's attempts to run over the passenger with the vehicle. That situation would have involved the actual vehicle in the injury event.

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