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Bora v Roadway Express; (COA-UNP, 1/11/1980; RB #271)


Michigan Court of Appeals; Docket No. 78-34938; Unpublished  
Judges Bashara, Gillis, and Van Valkenburg; Per Curiam  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    

General Rule of Priority [§3114(1)]  
Exception for Employer Provided Vehicles [§3114(3)]

Not Applicable    

In a 2-1 per curiam Opinion, the Court of Appeals held that under §3114(3) a plaintiff who was injured operating a tractor trailer owned by his employer was entitled to recover his no-fault benefits from the employer's no-fault carrier. In this case, the employer was self-insured. Therefore, plaintiff was entitled to receive no-fault benefits directly from his employer. The court rejected the holding of Mathis v Interstate (item number 140) which held that the exclusive remedy provisions of the Workers' Compensation Act precluded such a recovery. In rejecting Mathis, this panel of the Court of Appeals embraced Judge Allen's dissenting opinion in Ottenwess v Hawkeye (item number 140) and the clear majority of cases which have so held. The Court also ruled that the holding is not affected by the fact that the plaintiff’s employer was self-insured. Under the no-fault statute the liabilities of self-insurers and insurers are coextensive.

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