Michigan Court of Appeals; Docket No. 77-4341; Published
Judges Danhof, Bronson, and Cynar; Unanimous
Official Michigan Reporter Citation: 84 Mich App 75; Link to Opinion 
STATUTORY INDEXING:
Exclusion for Vehicles Considered Parked [§3106(1)]
Exception for Loading / Unloading [§3106(1)(b)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In the second Court of Appeals decision dealing with §3106 of the no-fault statute, the Court of Appeals reversed the trial court (item number 68) and held that under §3106(b), no-fault benefits are payable where the bodily injury was the direct result of physical contact with property being lifted onto or lowered from the parked vehicle in the loading or unloading process. The Court specifically rejected the contention that §3106(b) required physical contact with equipment permanently mounted on the vehicle as a condition precedent to recovery of no-fault benefits. In so holding, the Court of Appeals gave deference to the insurance commission's interpretation of §3106(b) as this interpretation appeared in the Insurance Bureau's Policy Guidelines. In addition, the Court referred to Judge R. B. Bums' discussion in Dembinski v Aetna Casualty, 76 Mich App 181 (Item number 42) for further definition regarding this section of the no-fault statute.
