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Sanchez v. American Independent Insurance Co.10/17/2005
injury could have been suffered in the same way if the parties had been on foot or on bicycles. The Court declined to extend coverage to any circumstance where an automobile was merely the site of a criminal assault, without more. Similarly, in Kreager v. State Farm Mutual Automobile Insurance Co., the Michigan Court of Appeals held that the plaintiff was not entitled to PIP benefits when the plaintiff was standing in a parking lot and an assailant shot him while driving an automobile. The Court held that the injury did not arise from the "use of a motor vehicle as a motor vehicle," because the involvement of the car in the injury was not related to the car's character as a motor vehicle, but was merely incidental or fortuitous. The Court reasoned that the shots could just as easily have been fired from a building or by a pedestrian.
(12) Lastly, a finding of coverage is not warranted under the facts of this case, because there was no causal connection between Sanchez's use of the vehicle and his injuries.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
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