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Lee v DAIIE; (COA-UNP, 3/26/1979; RB #283)


Michigan Court of Appeals; Docket No. 78-2712; Unpublished  
Judges Allen, R. B.Burns, and Kaufman; Per Curiam    
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   

Compulsory Insurance Requirements for Owners or Registrants of Motor Vehicles Required to Be Registered [§3101(1)]

Motor Vehicle Code (Registration and Title Requirements) (MCL 257.201, et seq.)   

In a per curiam Opinion the Court of Appeals held that if a motor vehicle is not required to be registered in Michigan, then accidental bodily injury arising out of the ownership, operation, maintenance or use of that vehicle is not covered by the no-fault statute and no-fault benefits are not payable. The vehicle involved in this particular case was a federal postal truck. Under MCLA 257.217(f) such a vehicle is exempted from being registered in Michigan. Thus, where a plaintiff postal employee was injured in connection with the unloading of such a vehicle, he could not recover no-fault benefits from his own insurance carrier.

The opinion relies upon Shoemaker y National Ben Franklin Company, 78 Mich App 175 (1977), (item number 43) which opinion stated, "For an insurer to incur liability under §3105, there must at a minimum be an accident involved a vehicle intended to be covered by §3101(1)."

[Author's Comment: Leave to appeal was granted by the Michigan Supreme Court on December 21, 1979 (Supreme Court Docket Number 63019)]

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