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McKenzie v. Auto Club Insurance Association

458 Mich. 214, 580 N.W.2d 424 (1998)

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McKenzie v. Auto Club Insurance Association

Michigan Supreme Court

458 Mich. 214, 580 N.W.2d 424 (1998)

Facts

While on a hunting trip, McKenzie (plaintiff) and another person slept in a camper/trailer attached to the back of his pickup truck. The camper/trailer was equipped with a propane-fueled, forced-air heater. During the night, carbon monoxide fumes from the heater overcame the two men. The following day, they were transported to an area hospital where they eventually recovered. McKenzie filed suit against Auto Club Insurance Association (ACIA) (defendant) for personal injury protection (PIP) benefits under his no-fault insurance contract. ACIA moved for summary disposition, arguing that there was no coverage under the contract because the camper/trailer was not being used “as a motor vehicle” at the time of the injury. The trial court granted ACIA’s motion and McKenzie appealed. The court of appeals reversed the trial court’s judgment and ACIA appealed.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

Dissent (Cavanagh, J.)

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