Legal Opinion
Shoemaker v. National Ben Franklin Insurance
Michigan Court of Appeals
Decided September 7, 1977No. Docket 30549PublishedCited by 15 opinions
1Opinion of the CourtJ. R. Rood, J.
The issue raised by this appeal is whether a motorcyclist can recover from his father’s no-fault insurer for damages sustained in a collision with a farm tractor pulling a manure spreader on a public highway? We hold that the no-fault insurer is not liable under the no-fault statutory scheme, and the insurer’s sole liability must arise under an uninsured motorist clause or other contractual provision, and remand for a hearing in this regard.
On April 1, 1975, plaintiff motorcyclist was injured when a farm tractor pulling a manure spreader made a left-hand turn onto a roadway and was struck by…
2Cases cited7 opinions
- Williams v. Secretary of StateMichigan Supreme Court · 1953
- Royal Oak School District v. SchulmanMichigan Court of Appeals · 1976
- Stutelberg v. Practical Management Co.Michigan Court of Appeals · 1976
- Davidson v. JohnsonMichigan Court of Appeals · 1977
- Nunley v. TurnerMichigan Court of Appeals · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lee v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court · 1982
- Universal Underwriters Group v. Allstate InsuranceMichigan Court of Appeals · 2001
- Madar v. League General InsuraceMichigan Court of Appeals · 1986
- Feick Ex Rel. Feick v. State Farm Mutual Automobile Insurance Co.Supreme Court of Minnesota · 1981
- Piersante v. American Fidelity InsuranceMichigan Court of Appeals · 1979
10 more not listed; retrieve them via the Exa API.