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Braden v Spencer; (COA-PUB, 10/7/1980; RB #357)

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Michigan Court of Appeals; Docket No. 46239; Published  
Judges Gillis, Brennan, and Miller; Unanimous  
Official Michigan Reporter Citation: 100 Mich App 523; Link to Opinion alt   


STATUTORY INDEXING:  
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]  
Vehicles and Trailers, Including Motorcycles [§3123(1)(a)]  
General / Miscellaneous [§3135]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:   
In a unanimous Opinion by Judge Brennan, the Court of Appeals rendered two holdings:

1.    The tort liability provisions of §3135 of the Michigan No-Fault Act apply to motorcycles even though motorcycles are not required to purchase mandatory coverage. Thus, where a motorcycle sustained property damage in a collision with an insured automobile, the motorcycle is not permitted to sue in tort for the property damage.

2.    Consistent with the holding in Degrandchamp v Michigan Mutual, item number 342, the Court held that a motorcycle that sustains property damage is not entitled to collect property protection insurance benefits pursuant to §3121 of the statute. The Court held that the property protection exclusion provisions of §3123 apply to motorcycles because motorcycles are within the definition of "vehicle" as used in that section.


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