SW Legal Educational Publishing

Sleeping in Camper on Pickup Truck Not Use of a Motor Vehicle
Description Michigan high court upheld lower court verdicts in favor of insurer, that refused to pay PIP benefits to insured who suffered injury from a defective heater when sleeping in a camper on his pickup. Vehicle was not in use as a motor vehicle, so coverage did not apply.
Topic Insurance
Key Words Personal Injury Protection, Motor Vehicle Use
C A S E   S U M M A R Y
Facts McKenzie suffered from nonfatal asphyxiation from a propane heater while sleeping in a camper attached to his pickup truck. He filed for PIP benefits to cover his medical expenses. Insurer refused to pay, claiming that the camper was not being used "as a motor vehicle" at the time the injury occurred. Court of appeals affirmed; McKenzie appealed.
Decision Affirmed. The injury did not arise out of the use of a motor vehicle "as a motor vehicle," so PIP benefits did not apply. At the time of the injury, the camper was used as sleeping accommodations, not as a motor vehicle.
Citation McKenzie v. Auto Club Insurance Assn., 580 N.W.2d 424 (Sup. Ct., Mich., 1998)

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