BOURNE v. FARMERS INS. EXCH.

Docket No. 98820, (Calendar No. 17).

449 Mich. 193 (1995)

534 N.W.2d 491

BOURNE v. FARMERS INSURANCE EXCHANGE

Supreme Court of Michigan.

Decided July 6, 1995.


Attorney(s) appearing for the Case

Hayduk, Andrews & Hypnar, P.C. (by Mark S. Hayduk and Paul J. Ellison), for the defendant.

Amici Curiae:

Gross, Nemeth & Silverman, P.C. (by James G. Gross and Steven G. Silverman), for Auto Club Insurance Association and Michigan Association of Insurance Companies.

Richard E. Shaw and Jeffrey T. Meyers for the Michigan Trial Lawyers Association.


RILEY, J.

In this case we are called upon to determine whether personal injury inflicted during the theft of a vehicle arises out of the use of that vehicle as a motor vehicle. Specifically, we must decide whether plaintiff's injuries to his face and ankle from the assailant's blow were the type of injuries that arise out of the normal use of a vehicle. Because this injury was a physical attack inflicted on plaintiff, we conclude that it did not arise out of the use...

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