Awash in PIP Benefits: Court of Appeals Rules that Parked Vehicle Exclusion Does Not Apply to Fall Sustained While Hand-Washing Vehicle (Maintenance)

In a published decision, the Court of Appeals in Woodring v. Phoenix Insurance Company, Docket No. 324128, issued June 28, 2018, ruled that Plaintiff’s first-party claims were not precluded by the parked vehicle exclusion when she fell while washing her vehicle at a self-serve car wash. The Court determined that Plaintiff was performing “maintenance” of the vehicle when spraying her windshield at the time of the fall. Thus, her claim fell squarely within MCL 500.3105, which allowed her to recover first-party benefits.

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