Basf Wyandotte Corp. v. Transport Insurance

OPINION

GILMORE, District Judge.

The issue in this diversity case is whether the damage to tangible property suffered by the plaintiff arose out of the use of defendant insured’s motor vehicle as a motor vehicle within the meaning of M.C. L.A. § 500.3121(1). The Court concludes it did, and will grant plaintiff’s motion for summary judgment.

The case is before the Court upon a stipulation of facts. The stipulated facts show that on January 23, 1979, a tanker load of the chemical ethylene diamine (hereinafter “EDA”) was delivered to the cite of the BASF Wyandotte polyol plant. The “EDA” was…