McKenzie v. Auto Club Insurance Association
Michigan Supreme Court
580 N.W.2d 424 (1998)
While on a hunting trip, McKenzie (plaintiff) and a companion slept in a propane-heated camper/trailer attached to his parked pickup truck; carbon monoxide from the heater overcame both men overnight, and they were hospitalized and eventually recovered. McKenzie sought personal injury protection (PIP) benefits from Auto Club Insurance Association (ACIA) (defendant) under his no-fault policy, but ACIA argued the camper/trailer was not being used "as a motor vehicle" at the time of the injury; the trial court granted ACIA summary disposition, the court of appeals reversed, and ACIA appealed.
Whether the determination of whether an injury arises out of the use of a motor vehicle "as a motor vehicle" under state law turns on whether the injury is closely related to the transportational function of motor vehicles.