Frazier v. Allstate Insurance Company
490 Mich. 381
| Mich. | 2011Background
- This case concerns no-fault PIP benefits under Michigan’s no-fault act (MCL 500.3101 et seq.).
- Plaintiff was injured when she slipped on ice while closing the passenger door of her parked car.
- She had opened the door to place items inside, stepped aside to close it, and then fell.
- The injury involved contact with the vehicle door, not with equipment permanently mounted on the vehicle.
- The trial court denied benefits; the Court of Appeals affirmed; the Supreme Court reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injury qualifies under MCL 500.3106(1)(c) as alighting from a parked vehicle. | Plaintiff was alighting when she was injured while closing the door. | Alighting did not occur yet or was complete when feet were on the ground outside the vehicle. | Yes/No: The majority held plaintiff did not qualify under alighting to obtain benefits. |
Key Cases Cited
- Krueger v Lumbermen’s Mut Cas Co, 112 Mich App 511; 316 NW2d 474 (1982) (defines alighting as ongoing until both feet are planted; informs parked-vehicle exception)
- Hunt v Citizens Ins Co, 183 Mich App 660; 455 NW2d 384 (1990) (recognizes entering/alighting processes may affect coverage)
- Teman v Transamerica Ins Co of Mich, 123 Mich App 262; 333 NW2d 244 (1983) (open door as part of entering; implications for alighting)