THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3123 Exclusions from property protection insurance benefits.
Sec. 3123.
(1) Damage to the following kinds of property is excluded from property protection insurance benefits:
(a) Vehicles and their contents, including trailers, operated or designed for operation upon a public highway by power other than muscular power, unless the vehicle is parked in a manner as not to cause unreasonable risk of the damage which occurred.
(b) Property owned by a person named in a property protection insurance policy, the person's spouse or a relative of either domiciled in the same household, if the person named, the person's spouse, or the relative was the owner, registrant, or operator of a vehicle involved in the motor vehicle accident out of which the property damage arose.
(2) Property protection insurance benefits are not payable for property damage arising from motor vehicle accidents occurring outside the state.
(3) Property protection insurance benefits are not payable for property damage to utility transmission lines, wires, or cables arising from the failure of a municipality, utility company, or cable television company to comply with the requirements of section 16 of Act No. 368 of the Public Acts of 1925, being section 247.186 of the Michigan Compiled Laws.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 1978, Act 65, Imd. Eff. Mar. 14, 1978
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
State Farm Fire & Cas. Co. v. Old Repub. Ins., 644 N.W.2d 715 (Mich. 2002).
· cites it 26× “§ 500.3123 applies where a person owning damaged property is insured under a no-fault property protection policy that does not cover the vehicle that person was operating at the time of the accident.”
Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018).
· cites it 2× “3106 and MCL 500.3123. This necessarily implicates the question of whether plaintiff’s vehicle was even “parked” at all.”
Burk v. Warren, 307 N.W.2d 89 (Mich. Ct. App. 1981).
· cites it 8× “MCL 500.3123; MSA 24.13123 establishes certain exceptions to this rule of broad coverage.”
Heard v. State Farm Mut. Auto. Ins., 324 N.W.2d 1 (Mich. 1982).
· cites it 4× “" MCL 500.3123; MSA 24.13123. [11] If the owner has purchased collision or other insurance, the no-fault insurer is obligated to reimburse the owner's insurer(s).”
Turner v. Auto Club Ins. Ass'n, 528 N.W.2d 681 (Mich. 1995).
“[MCL 500.3123; MSA 24.13123.] 5 A person suffering accidental property damage shall claim property protection insurance benefits from insurers in the following order of priority: insurers of owners or registrants of vehicles involved in the accident; and insurers of operators of…”
Westerfield Companies v. United States, 858 F. Supp. 658 (W.D. Mich. 1993).
· cites it 7× “§ 500.3123. Subsection (3) excludes utility transmission lines if such lines do not comply with the requirements of M.”
Miller v. Auto-Owners Ins. Co., 309 N.W.2d 544 (Mich. 1981).
“MCL 500.3123(1)(a); MSA 24.13123(1)(a). A properly parked motor vehicle is thus treated under the act as non-vehicular property for purposes of the payment of property protection insurance benefits.”
Frankenmuth Ins. Co. v. Poll, 875 N.W.2d 250 (Mich. Ct. App. 2015).
“3121(1); (2) none of the possible exceptions to the insurer’s liability enumerated in MCL 500.3123 applies; and (3) the insurer insures the owner of the vehicle “involved in the accident.”
Detroit Edison Co. v. Celadon Trucking Co., 638 N.W.2d 169 (Mich. Ct. App. 2002).
· cites it 2× “First, is Detroit Edison subject to MCL 500.3123(3), which provides that “[property protection insurance benefits are not payable for property damage to utility transmission lines, wires, or cables arising from the failure of a municipality, utility company, or cable television…”
Am. States Ins. v. Detroit Auto. Inter-Ins. Exch., 323 N.W.2d 705 (Mich. Ct. App. 1982).
· cites it 9× “” The household exclusion, MCL 500.3123(1); MSA 24.13123(1) provides as is relevant: "Damage to the following kinds of property is excluded from property protection insurance benefits: "(b) Property owned by a person named in a property protection insurance policy, the person’s…”
— Mich. Comp. Laws § 500.3123(1) — 4 cases
Am. States Ins. v. Detroit Auto. Inter-Ins. Exch., 323 N.W.2d 705 (Mich. Ct. App. 1982).
“” The household exclusion, MCL 500.3123(1); MSA 24.13123(1) provides as is relevant: "Damage to the following kinds of property is excluded from property protection insurance benefits: "(b) Property owned by a person named in a property protection insurance policy, the person’s…”
— Mich. Comp. Laws § 500.3123(1)(a) — 8 cases
State Farm Fire & Cas. Co. v. Old Repub. Ins., 644 N.W.2d 715 (Mich. 2002).
“§ 500.3123 applies where a person owning damaged property is insured under a no-fault property protection policy that does not cover the vehicle that person was operating at the time of the accident.”
Miller v. Auto-Owners Ins. Co., 309 N.W.2d 544 (Mich. 1981).
“MCL 500.3123(1)(a); MSA 24.13123(1)(a). A properly parked motor vehicle is thus treated under the act as non-vehicular property for purposes of the payment of property protection insurance benefits.”
Heard v. State Farm Mut. Auto. Ins., 324 N.W.2d 1 (Mich. 1982).
“" MCL 500.3123; MSA 24.13123. [11] If the owner has purchased collision or other insurance, the no-fault insurer is obligated to reimburse the owner's insurer(s).”
Westerfield Companies v. United States, 858 F. Supp. 658 (W.D. Mich. 1993).
“§ 500.3123. Subsection (3) excludes utility transmission lines if such lines do not comply with the requirements of M.”
— Mich. Comp. Laws § 500.3123(1)(b) — 4 cases
State Farm Fire & Cas. Co. v. Old Repub. Ins., 644 N.W.2d 715 (Mich. 2002).
“§ 500.3123 applies where a person owning damaged property is insured under a no-fault property protection policy that does not cover the vehicle that person was operating at the time of the accident.”
— Mich. Comp. Laws § 500.3123(2) — 1 case
— Mich. Comp. Laws § 500.3123(3) — 2 cases
Detroit Edison Co. v. Celadon Trucking Co., 638 N.W.2d 169 (Mich. Ct. App. 2002).
“First, is Detroit Edison subject to MCL 500.3123(3), which provides that “[property protection insurance benefits are not payable for property damage to utility transmission lines, wires, or cables arising from the failure of a municipality, utility company, or cable television…”
— Mich. Comp. Laws § 500.3123(a) — 1 case
Burk v. Warren, 307 N.W.2d 89 (Mich. Ct. App. 1981).
“MCL 500.3123; MSA 24.13123 establishes certain exceptions to this rule of broad coverage.”
— Mich. Comp. Laws § 500.3123(a)(1) — 1 case
Westerfield Companies v. United States, 858 F. Supp. 658 (W.D. Mich. 1993).
“§ 500.3123. Subsection (3) excludes utility transmission lines if such lines do not comply with the requirements of M.”
— Mich. Comp. Laws § 500.3123(l)(a) — 9 cases
State Farm Fire & Cas. Co. v. Old Repub. Ins., 644 N.W.2d 715 (Mich. 2002).
“§ 500.3123 applies where a person owning damaged property is insured under a no-fault property protection policy that does not cover the vehicle that person was operating at the time of the accident.”
Heard v. State Farm Mut. Auto. Ins., 324 N.W.2d 1 (Mich. 1982).
“" MCL 500.3123; MSA 24.13123. [11] If the owner has purchased collision or other insurance, the no-fault insurer is obligated to reimburse the owner's insurer(s).”
— Mich. Comp. Laws § 500.3123(l)(b) — 6 cases
State Farm Fire & Cas. Co. v. Old Repub. Ins., 644 N.W.2d 715 (Mich. 2002).
“§ 500.3123 applies where a person owning damaged property is insured under a no-fault property protection policy that does not cover the vehicle that person was operating at the time of the accident.”
Am. States Ins. v. Detroit Auto. Inter-Ins. Exch., 323 N.W.2d 705 (Mich. Ct. App. 1982).
“” The household exclusion, MCL 500.3123(1); MSA 24.13123(1) provides as is relevant: "Damage to the following kinds of property is excluded from property protection insurance benefits: "(b) Property owned by a person named in a property protection insurance policy, the person’s…”
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