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Bonsall v American Motorists Insurance Company; (DCC-UNP, 5/1/1978; RB #122)


Dickinson County Circuit Court; Docket No. D-77-2482-NI; Unpublished   
Judge V. Robert Payant; Written Opinion   
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt  

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

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

In a written Opinion, Judge Payant held that an employee who sustains accidental bodily injury while an occupant of his employer's vehicle can recover no no-fault benefits from his employer's no-fault carrier because of the worker's compensation exclusive remedy rule. Furthermore, Judge Payant held that it did not make any difference if the employer was self-insured or had an independent no-fault insurance carrier. He reasoned that the word "employer" in the exclusive remedy provision (MCLA 418.181) included the employer's no-fault carrier.

Judge Payant's decision was issued after the Court of Appeals case in Mathis (item number 28) but prior to the holdings in Hawkins (item number 73), Ottenwess (item number 94), and Insurance Commissioner's Bulletin 78-6 (item number 72).

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