Daubenspeck v. Auto Club of Michigan

Plaintiff appeals as of right from an order granting summary disposition in favor of defendant, his no-fault automobile insurer, pursuant to MCR 2.116(0(10). We affirm.

The facts are undisputed. Plaintiff stopped at a self-service gas station on February 7, 1986. After he finished pumping his gas but before he replaced his gas cap, plaintiff slipped and fell on ice between his car and the gas pump. This suit followed defendant’s refusal to pay personal protection insurance benefits for plaintiff’s resultant injuries.

MCL 500.3105(1); MSA 24.13105(1) provides that "an insurer is liable to pay…