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State Farm v Sentry Insurance; (COA-PUB, 7/9/1979; RB #219)

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Michigan Court of Appeals; Docket No. 77-6151; Published   
Judges Kaufinan, Bashara and T. M. Burns; Unanimous; Opinion by Judge T. M. burns   
Official Michigan Reporter Citation: 91 Mich App 109; Link to Opinion alt    


STATUTORY INDEXING:
Definition of Owner [§3101(2)(h)]
Exception for Employer Provided Vehicles [§3114(3)]

TOPICAL INDEXING:
Motor Vehicle Code (Definition of Owner) (MCL 257.37) (MCL 257.401a)   


CASE SUMMARY:
In a unanimous decision by Judge T. M. Burns, the Court of Appeals held that the definition of "owner" as set forth in the Motor Vehicle Code may be read into the no-fault statute to determine priorities between insurance companies regarding the terms of §3114(3) of the statute. Thus, in order to determine whether or not an employer is the "owner" of a vehicle occupied by the employee, it will be relevant to show whether or not the employer had "exclusive use" of the vehicle for a period greater than 30 days. If so, then the employer is the "owner" of that vehicle and the employee is entitled to receive no-fault benefits from the insurer of that particular vehicle.


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