Macomb County Circuit Court; Docket No. 79-2690-AV; Unpublished
Judge George R. Deneweth; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written Opinion, Judge George Deneweth made the following rulings with regard to property damage to a motorcycle sustained in an automobile accident. First, Judge Deneweth held that the tort limitation provisions of §3135 prevent the plaintiff from recovering for the property damage to his motorcycle in tort from an insured tortfeasor. Second, first party property protection insurance benefits are not recoverable to compensate for the damage to the motorcycle under the exclusion provisions of §3123(1)(a). It is true that a motorcycle is not a "motor vehicle" as that term is defined in §3101(2). However, the property protection exclusion provisions of §3123 apply to "vehicles." Judge Deneweth held that a motorcycle was a "vehicle" as that term is used in the exclusion provisions.
[Author's Comment: The holding on the second issue above is in conflict with the Ingham County Circuit Court decision in Watkins v Thomas (item number 193).]
