Rosner v. Michigan Mutual Insurance

Defendant appeals as of right from a Dickinson Circuit Court order granting summary disposition to plaintiff. MCR 2.116(C)(10). The court found that, under the no-fault act, plaintiff was an "occupant” of the insured vehicle and, therefore, was entitled to recover personal protection benefits from defendant. MCL 500.3111; MSA 24.13111. We reverse and grant summary disposition to defendant.

On October 29, 1986, plaintiff was driving a semitrailer truck in Wisconsin when the truck jackknifed, injuring him. The tractor and the trailer were separately owned and insured. The tractor was owned by a…