THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3105 Insurer liable for personal protection benefits without regard to fault; “bodily injury” and “accidental bodily injury” defined.
Sec. 3105.
(1) Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.
(2) Personal protection insurance benefits are due under this chapter without regard to fault.
(3) Bodily injury includes death resulting therefrom and damage to or loss of a person's prosthetic devices in connection with the injury.
(4) Bodily injury is accidental as to a person claiming personal protection insurance benefits unless suffered intentionally by the injured person or caused intentionally by the claimant. Even though a person knows that bodily injury is substantially certain to be caused by his act or omission, he does not cause or suffer injury intentionally if he acts or refrains from acting for the purpose of averting injury to property or to any person including himself.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
Griffith v. State Farm Mut. Auto. Ins., 697 N.W.2d 895 (Mich. 2005).
· cites it 36× “§ 500.3105 and M.C.L. § 500.3107(1)(a), defendant is not required to reimburse plaintiff for the food expenses at issue in this case.”
Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018).
· cites it 11× “Our Supreme Court’s peremptory orders are, after all, only binding to the extent they can be comprehended. Because there are no facts in either our Supreme Court’s order or this Court’s order from which any hints may be gleaned, nothing in that order can be comprehended as…”
Thornton v. Allstate Ins., 391 N.W.2d 320 (Mich. 1986).
· cites it 22× “" MCL 500.3105(1); MSA 24.13105(1), for purposes of no-fault personal injury protection benefits.”
Begin v. Michigan Bell Tel. Co., 773 N.W.2d 271 (Mich. Ct. App. 2009).
· cites it 18× “Defendants argue on appeal that plaintiff "has presented no evidence that the replacement van itself, without modifications, was reasonable and necessary within the meaning of" MCL 500.3105(1) and MCL 500.3107(1)(a). But defendant did not argue in the trial court that…”
Mcpherson v. Mcpherson, 831 N.W.2d 219 (Mich. 2013).
· cites it 23× “In a memorandum opinion signed by Chief Justice YOUNG and Justices MARKMAN, MARY BETH KELLY, ZAHRA, and MCCORMACK, the Supreme Court held: Under MCL 500.3105(1), a provider of personal protection insurance benefits is liable to pay benefits for accidental bodily injury arising…”
Scott v. State Farm Mut. Auto. Ins., 766 N.W.2d 273 (Mich. 2009).
· cites it 18× “I dissent from this Court's order granting reconsideration and vacating our December 3, 2008, order.”
Admire v. Auto-Owners Ins. Co., 831 N.W.2d 849 (Mich. 2013).
· cites it 12× “3 The simplicity of applying the Griffith dissent’s interpretation of the plain language of MCL 500.3105 and MCL 500.3107(1)(a) is consistent with the long-held principle that the Legislature intended that the no-fault act be construed liberally “in favor of the persons intended…”
Rice v. Auto Club Ins. Ass'n, 651 N.W.2d 188 (Mich. Ct. App. 2002).
· cites it 12× “Thus, from our perspective, the two-step analysis provided in the plain language of MCL 500.3105(1) applies in this case. D. STEP ONE: MCL 500.”
Drake v. Citizens Ins. Co. of Am., 715 N.W.2d 387 (Mich. Ct. App. 2006).
· cites it 18× “The Court acknowledged MCL 500.3105, but then proceeded directly to MCL 500.”
Douglas v. Allstate Ins. Co., 821 N.W.2d 472 (Mich. 2012).
· cites it 6× ““The words of a statute 1 Additionally, I continue to believe that the interpretation of MCL 500.3105 and MCL 500.3107 from the majority opinion in Griffith v State Farm Mut Auto Ins Co, 472 Mich 521 ; 697 NW2d 895 (2005), which the majority applies in this case, is incorrect…”
Marzonie v. Auto Club Ins. Ass'n, 495 N.W.2d 788 (Mich. 1992).
· cites it 12× “MCL 500.3105(1); MSA 24.13105(1) provides: Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this…”
Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).
· cites it 10× “MCL 500.3105; MSA 24.13105. Accidental bodily injury includes death resulting therefrom.”
— Mich. Comp. Laws § 500.3105(1) — 361 cases
Griffith v. State Farm Mut. Auto. Ins., 697 N.W.2d 895 (Mich. 2005).
“§ 500.3105 and M.C.L. § 500.3107(1)(a), defendant is not required to reimburse plaintiff for the food expenses at issue in this case.”
Thornton v. Allstate Ins., 391 N.W.2d 320 (Mich. 1986).
“" MCL 500.3105(1); MSA 24.13105(1), for purposes of no-fault personal injury protection benefits.”
Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018).
“Our Supreme Court’s peremptory orders are, after all, only binding to the extent they can be comprehended. Because there are no facts in either our Supreme Court’s order or this Court’s order from which any hints may be gleaned, nothing in that order can be comprehended as…”
Begin v. Michigan Bell Tel. Co., 773 N.W.2d 271 (Mich. Ct. App. 2009).
“Defendants argue on appeal that plaintiff "has presented no evidence that the replacement van itself, without modifications, was reasonable and necessary within the meaning of" MCL 500.3105(1) and MCL 500.3107(1)(a). But defendant did not argue in the trial court that…”
Mcpherson v. Mcpherson, 831 N.W.2d 219 (Mich. 2013).
“In a memorandum opinion signed by Chief Justice YOUNG and Justices MARKMAN, MARY BETH KELLY, ZAHRA, and MCCORMACK, the Supreme Court held: Under MCL 500.3105(1), a provider of personal protection insurance benefits is liable to pay benefits for accidental bodily injury arising…”
— Mich. Comp. Laws § 500.3105(2) — 19 cases
— Mich. Comp. Laws § 500.3105(3) — 4 cases
— Mich. Comp. Laws § 500.3105(4) — 27 cases
Thornton v. Allstate Ins., 391 N.W.2d 320 (Mich. 1986).
“" MCL 500.3105(1); MSA 24.13105(1), for purposes of no-fault personal injury protection benefits.”
Marzonie v. Auto Club Ins. Ass'n, 495 N.W.2d 788 (Mich. 1992).
“MCL 500.3105(1); MSA 24.13105(1) provides: Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this…”
— Mich. Comp. Laws § 500.3105(a) — 1 case
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