McKenzie v. Auto Club Insurance Association case brief
McKenzie v. Auto Club Insurance Association case brief summary
580 N.W.2d 424 (1998)
Defendant insurer appealed a decision
of the Court of Appeals (Michigan), which affirmed the Wayne Circuit
Court's decision granting summary disposition to plaintiff insured in
his action under the state no-fault act for injuries he sustained
while sleeping in a camper/trailer attached to his pickup
CASE FACTS Plaintiff insured was non-fatally
asphyxiated while sleeping in a camper/trailer attached to his pickup
truck. In his action against defendant insurer for personal injury
protection (PIP) benefits under the Michigan no-fault act, Mich.
Comp. Laws §500.3101, the trial court granted plaintiff
summary disposition, and the appellate court affirmed.
On appeal, the
court applied the test whether the injury arose out of the use of the
camper/trailer as a motor vehicle under that no-fault act and
determined that the requisite nexus between the injury and the
transportational function of the motor vehicle was lacking.
time the injury occurred, the parked camper/trailer was being used as
Accordingly, because coverage under the
no-fault act was not triggered, summary disposition for plaintiff was
The court reversed the judgment of the court of appeals affirming
summary disposition for plaintiff insured and remanded for entry of
an order granting defendant insurer's motion for summary disposition
because coverage under the no-fault act was not triggered in the
absence of a nexus between the injury and the transportational
function of plaintiff's vehicle. Suggested law school study materials
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