McKenzie v. Auto Club Insurance Ass'n

This case presents the issue whether plaintiff is entitled to personal injury protection (PIP) benefits under the no-fault act, MCL 500.3101 et seq.-, MSA 24.13101 et seq., for injuries sustained when he was nonfatally asphyxiated while sleeping in a camper/trailer attached to his pickup truck. We conclude that plaintiffs injury is not covered by the no-fault act because it did not arise out of the use of a motor vehicle “as a motor vehicle” as required by MCL 500.3105(1); MSA 24.13105(1). Whether an iryury arises out of the use of a motor vehicle “as a motor vehicle” turns on whether the…