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Ten Cate v Sheets and State Farm; (OCC-UNP, 1/22/1980; RB #298)

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Ottawa County Circuit Court; Docket No. 79-4890-NI; Unpublished    
Judge Calvin L. Bosman; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In a written Opinion, Circuit Judge Calvin L. Bosman held that physical damage to a motorcycle was excluded from property protection insurance benefits under §3123(1) of the No-Fault Act. Judge Bosman reasoned that the use of the word "vehicles" in the exclusionary section was not synonymous with the term "motor vehicle" as that term is defined in §3101(2) of the Act. Thus, the term "vehicles" in the exclusion is broader than the term motor vehicle and is intended to apply to motorcycles as well as motor vehicles.

[Author's Comment: This decision is contrary to Watkins v Thomas (item number 193) and is consistent with Kansa v Bertolini (item number 280).]


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