For Your Data Mckenzie V. Car Gild Insurance Association Illustration Brief

McKenzie v. Auto Club Insurance Association instance brief summary
580 N.W.2d 424 (1998)

CASE SYNOPSIS

Defendant insurer appealed a determination of the Court of Appeals (Michigan), which affirmed the Wayne Circuit Court's determination granting summary disposition to plaintiff insured inwards his activity nether the terra firma no-fault human activity for injuries he sustained spell sleeping inwards a camper/trailer attached to his pickup truck.

CASE FACTS
Plaintiff insured was non-fatally asphyxiated spell sleeping inwards a camper/trailer attached to his pickup truck. In his activity against accused insurer for personal injury protection (PIP) benefits nether the Michigan no-fault act, Mich. Comp. Laws §500.3101, the lawsuit courtroom granted plaintiff summary disposition, as well as the appellate courtroom affirmed.

DISCUSSION

On appeal, the courtroom applied the assay out whether the injury arose out of the role of the camper/trailer equally a motor vehicle nether that no-fault human activity as well as determined that the requisite nexus betwixt the injury as well as the transportational part of the motor vehicle was lacking.
At the fourth dimension the injury occurred, the parked camper/trailer was existence used equally sleeping accommodations.
Accordingly, because coverage nether the no-fault human activity was non triggered, summary disposition for plaintiff was improper.

CONCLUSION
The courtroom reversed the judgment of the courtroom of appeals affirming summary disposition for plaintiff insured as well as remanded for entry of an gild granting accused insurer's displace for summary disposition because coverage nether the no-fault human activity was non triggered inwards the absence of a nexus betwixt the injury as well as the transportational part of plaintiff's vehicle.

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