THORNTON v. ALLSTATE INS. CO.

Docket No. 74497, (Calendar No. 2).

425 Mich. 643 (1986)

391 N.W.2d 320

THORNTON v. ALLSTATE INSURANCE COMPANY

Supreme Court of Michigan.

Decided August 7, 1986.


Attorney(s) appearing for the Case

Rene J. Ortlieb for the plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Bernard Rosner, Assistant Attorney General, for the intervening plaintiffs.

Garan, Lucow, Miller, Seward, Cooper & Becker (by James L. Borin); James G. Gross, of counsel, for the defendant.

Amici Curiae:

Gromek, Bendure & Thomas (by Carl L. Gromek and Nancy L. Bosh) for Auto Club Insurance Association, City of Detroit, Michigan Catastrophic Claims Association, and State Farm Mutual Automobile Insurance Company.


BOYLE, J.

The sole issue on appeal in this case is whether injuries sustained by Mr. Thornton during the armed robbery of a taxicab are injuries "arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle ..." MCL 500.3105(1); MSA 24.13105(1), for purposes of no-fault personal injury protection benefits. We reverse the judgment of the Court of Appeals in the instant case because there...

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