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Bensinger v Associated Truck Lines, et al; (KCC-UNP, 1/9/1979; RB #165)


Kalamazoo County Circuit Court; Docket No. D-781-00-094-NI; Unpublished  
Judge Robert L. Borsos  
Official Reporter Citation: Not Applicable; Link to Opinion alt   

Exception for Employer Provided Vehicles [§3114(3)]

Workers Disability Compensation Act (MCL 418.1, et seq.)    

This written Opinion deals with the right of an employee to recover no-fault benefits from his self-insured employer where the employee sustained accidental bodily injury while driving his employer's vehicle within the scope of his employment. Judge Borsos ruled that his decision was controlled by the rule of stare decisis and accordingly had to follow and reconcile the decisions of the Court of Appeals in Mathis v Interstate (item number 28), Ottenwess v Hawkeye (item number 94), and Hawkins v Auto-Owners (item number 73). Based on those decisions, Judge Borsos held that summary judgment should be granted for the plaintiff’s self-insured employer and that plaintiff should receive his no-fault benefits from his own private no-fault carrier pursuant to the terms of §3114(4)(b). Judge Borsos noted that if permitted, he would follow Judge Allen's dissent in Ottenwess.

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