THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3115 Personal protection insurance benefits under the assigned claims plan for claims of persons not occupants of vehicle.
Sec. 3115.
Except as provided in section 3114(1), a person who suffers accidental bodily injury while not an occupant of a motor vehicle shall claim personal protection insurance benefits under the assigned claims plan under sections 3171 to 3175.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 2019, Act 21, Imd. Eff. June 11, 2019
Constitutionality Notes:
The legislative scheme which allows motorcyclists to receive no-fault benefits for personal injuries without requiring them to maintain no-fault security does not deny automobile drivers equal protection or due process of law. Underhill v Safeco Insurance Company, 407 Mich 175; 284 NW2d 463 (1979).
Compiler's Notes:
Act 143 of 1993, which amended this section, was submitted to the people by referendum petition (as Proposal C) and rejected by a majority of the votes cast at the November 8, 1994, general election.
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
Grange Ins. Co of Michigan v. Edward Lawrence, 494 Mich. 475 (Mich. 2013).
· cites it 12× “Farm Bureau sought partial reimbursement of the PIP benefits paid, arguing that Grange was in the same order of priority under MCL 500.3115(2), because Josalyn was domiciled in both parents’ homes under MCL 500.”
Farmers Ins. Exch. v. Farm Bureau Gen. Ins., 724 N.W.2d 485 (Mich. Ct. App. 2006).
· cites it 10× “3114(5), plaintiff stated that Michigan courts had interpreted similar language in MCL 500.3115(1) consistently with its position that defendant was required to pay.”
Clevenger v. Allstate Ins., 505 N.W.2d 553 (Mich. 1993).
· cites it 8× “13114 and MCL 500.3115; MSA 24.13115 require an injured person's personal no-fault insurer to stand primarily liable for PIP benefits when the person is involved in a motor vehicle accident.”
Pioneer State Mut. Ins. v. Titan Ins., 652 N.W.2d 469 (Mich. Ct. App. 2002).
· cites it 8× “3114], a person suffering accidental bodily injury while not an occupant of a motor vehicle shall claim personal protection insurance benefits from insurers in the following order of priority: (a) Insurers of owners or registrants of motor vehicles involved in the accident.”
Corwin v. DaimlerChrysler Ins., 819 N.W.2d 68 (Mich. Ct. App. 2012).
· cites it 4× “3114 and MCL 500.3115, *262 the Legislature, in its broader purpose, intended to provide benefits whenever, as a general proposition, an insured is injured in a motor vehicle accident, whether or not a registered or covered motor vehicle is involved; and in its narrower purpose…”
Farmers Ins. Exch. v. Titan Ins., 651 N.W.2d 428 (Mich. Ct. App. 2002).
· cites it 6× “Another statutory provision, MCL 500.3115, addresses the distribution of loss among personal protection insurers.”
Porter v. Michigan Mut. Liab. Co., 263 N.W.2d 318 (Mich. Ct. App. 1977).
· cites it 8× “Further, because plaintiff was not the owner of a `motor vehicle' which was involved in the accident, he is not precluded from *154 receiving benefits under the exclusion provided in MCLA 500.”
Keller v. Losinski, 285 N.W.2d 334 (Mich. Ct. App. 1979).
· cites it 6× “Underhill reasoned that a motorcyclist is "not an occupant of a motor vehicle" and that such persons can recover from the insurer of the "motor vehicle" involved under MCL 500.3115(1); MSA *479 24.13115(1). [4] In the Underhill opinion there is no mention of whether the…”
Amerisure Ins. v. Auto-Owners Ins., 262 Mich. App. 10 (Mich. Ct. App. 2004).
· cites it 3× “At any rate, the language in MCL 500.3115(1), dealing with persons injured while not occupants of motor vehicles, is materially identical, for our purposes, to the language in MCL 500.”
David Gurski v. Motorists Mut. Ins. Co., 910 N.W.2d 385 (Mich. Ct. App. 2017).
· cites it 15× “Farm Bureau also argued that MCL 500.3115 could not be used to provide plaintiff with PIP benefits because Mr.”
Amerisure Ins. Co. v. Auto-Owners Ins. Co., 684 N.W.2d 391 (Mich. Ct. App. 2004).
· cites it 3× “At any rate, the language in MCL 500.3115(1), dealing with persons injured while not occupants of motor vehicles, is materially identical, for our purposes, to the language in MCL 500.”
— Mich. Comp. Laws § 500.3115(1) — 59 cases
Farmers Ins. Exch. v. Farm Bureau Gen. Ins., 724 N.W.2d 485 (Mich. Ct. App. 2006).
“3114(5), plaintiff stated that Michigan courts had interpreted similar language in MCL 500.3115(1) consistently with its position that defendant was required to pay.”
Keller v. Losinski, 285 N.W.2d 334 (Mich. Ct. App. 1979).
“Underhill reasoned that a motorcyclist is "not an occupant of a motor vehicle" and that such persons can recover from the insurer of the "motor vehicle" involved under MCL 500.3115(1); MSA *479 24.13115(1). [4] In the Underhill opinion there is no mention of whether the…”
Amerisure Ins. v. Auto-Owners Ins., 262 Mich. App. 10 (Mich. Ct. App. 2004).
“At any rate, the language in MCL 500.3115(1), dealing with persons injured while not occupants of motor vehicles, is materially identical, for our purposes, to the language in MCL 500.”
Amerisure Ins. Co. v. Auto-Owners Ins. Co., 684 N.W.2d 391 (Mich. Ct. App. 2004).
“At any rate, the language in MCL 500.3115(1), dealing with persons injured while not occupants of motor vehicles, is materially identical, for our purposes, to the language in MCL 500.”
Porter v. Michigan Mut. Liab. Co., 263 N.W.2d 318 (Mich. Ct. App. 1977).
“Further, because plaintiff was not the owner of a `motor vehicle' which was involved in the accident, he is not precluded from *154 receiving benefits under the exclusion provided in MCLA 500.”
— Mich. Comp. Laws § 500.3115(1)(a) — 20 cases
Clevenger v. Allstate Ins., 505 N.W.2d 553 (Mich. 1993).
“13114 and MCL 500.3115; MSA 24.13115 require an injured person's personal no-fault insurer to stand primarily liable for PIP benefits when the person is involved in a motor vehicle accident.”
— Mich. Comp. Laws § 500.3115(2) — 30 cases
Grange Ins. Co of Michigan v. Edward Lawrence, 494 Mich. 475 (Mich. 2013).
“Farm Bureau sought partial reimbursement of the PIP benefits paid, arguing that Grange was in the same order of priority under MCL 500.3115(2), because Josalyn was domiciled in both parents’ homes under MCL 500.”
Farmers Ins. Exch. v. Farm Bureau Gen. Ins., 724 N.W.2d 485 (Mich. Ct. App. 2006).
“3114(5), plaintiff stated that Michigan courts had interpreted similar language in MCL 500.3115(1) consistently with its position that defendant was required to pay.”
Corwin v. DaimlerChrysler Ins., 819 N.W.2d 68 (Mich. Ct. App. 2012).
“3114 and MCL 500.3115, *262 the Legislature, in its broader purpose, intended to provide benefits whenever, as a general proposition, an insured is injured in a motor vehicle accident, whether or not a registered or covered motor vehicle is involved; and in its narrower purpose…”
Farmers Ins. Exch. v. Titan Ins., 651 N.W.2d 428 (Mich. Ct. App. 2002).
“Another statutory provision, MCL 500.3115, addresses the distribution of loss among personal protection insurers.”
— Mich. Comp. Laws § 500.3115(3) — 6 cases
— Mich. Comp. Laws § 500.3115(i)(a) — 1 case
— Mich. Comp. Laws § 500.3115(l)(a) — 8 cases
Pioneer State Mut. Ins. v. Titan Ins., 652 N.W.2d 469 (Mich. Ct. App. 2002).
“3114], a person suffering accidental bodily injury while not an occupant of a motor vehicle shall claim personal protection insurance benefits from insurers in the following order of priority: (a) Insurers of owners or registrants of motor vehicles involved in the accident.”
Farmers Ins. Exch. v. Farm Bureau Gen. Ins., 724 N.W.2d 485 (Mich. Ct. App. 2006).
“3114(5), plaintiff stated that Michigan courts had interpreted similar language in MCL 500.3115(1) consistently with its position that defendant was required to pay.”
Clevenger v. Allstate Ins., 505 N.W.2d 553 (Mich. 1993).
“13114 and MCL 500.3115; MSA 24.13115 require an injured person's personal no-fault insurer to stand primarily liable for PIP benefits when the person is involved in a motor vehicle accident.”
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