McDaniel v. Allstate Insurance

Defendant appeals by leave granted from an order denying its motion for summary judgment on plaintiff’s claim for no-fault benefits. We reverse and remand for entry of judgment consistent with this opinion.

The present ease arises out of defendant’s refusal to pay no-fault benefits under a no-fault policy issued to plaintiff’s stepfather, Robert Elkins, for injuries sustained by plaintiff on February 13, 1982. On that date, at approximately 5:00 p.m., plaintiff, then 12 years old, was at the home of a friend when the two boys decided to go snow mobiling. The snowmobile was not functioning…