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Felice v Michigan Mutual; (JDC-UNP, 9/13/1977; RB#62)

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16th Judicial District Court; Docket No. C-760269-C; Unpublished    
Judge James R. McCann; Opinion   
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:
PIP Benefit Deductibles [§3109(3)]
Exception For Motorcycle Injuries [§3114(5)]
Exception To General Priority For Non-Occupants [§3115(1)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:   
District Judge McCann held that a motorcyclist is entitled to receive no-fault benefits when he is injured in an automobile accident as a motorcyclist is equivalent to a nonoccupant pedestrian under §3115.

Secondly, Judge McCann ruled that under the terms of §3109(3) any deductible from PIP benefits in excess of $300 is illegal even though authorized by the Insurance Commissioner. The Court held that the language of §3109(3) is such that it only empowers the Commissioner to authorize the deductible in excess of $300 for those persons other than the person named in the policy, his spouse, and any relative of either domicile in the same household.


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