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ENGWIS v. MICH. MUT. INS. CO.

Docket No. 109858.

181 Mich. App. 16 (1989)

448 N.W.2d 731

ENGWIS v. MICHIGAN MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided November 6, 1989.

Attorney(s) appearing for the Case

Taylor, Pyscher & O'Neil, P.C. (by Daniel H. Pyscher), for plaintiff.

Chasnis, Dogger & Grierson, P.C. (by Mark Grierson), for defendant.

Before: MURPHY, P.J., and NEFF and G.S. ALLEN, JJ.

G.S. ALLEN, J.

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

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