Engwis v. Michigan Mutual Insurance

Where death results from asphyxia caused by a leaking portable propane tank located in a parked motor van, is plaintiff as a matter of law precluded from claiming no-fault benefits because death did not arise out of the use of a vehicle as a motor vehicle, as provided in MCL 500.3105; MSA 24.13105? The trial court answered this question in the affirmative, and on June 13, 1988, granted defendant’s motion for summary disposition pursuant to MCR 2.116(C)(8) and (10). Plaintiff appeals as of right.

The facts are substantially undisputed. In October, 1978, decedent, William Engwis, purchased a…