Meemic Insurance Company v. Bailey James Bischer

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

FOR PUBLICATION MEEMIC INSURANCE COMPANY, February 13, 2018

Plaintiff-Appellant,

v No. 335126 Huron Circuit Court BARBARA JANE BISCHER, Individually and as LC No. 16-105387-CK Next Friend of BAILEY JAMES BISCHER, a Minor, GARY DUANE BISCHER, and JACQUELINE G. BRAUN, Personal Representative of the ESTATE OF BRANDON MICHAEL DICKERT,

Defendants-Appellees.

Before: METER, P.J., and SAWYER and SHAPIRO, JJ.

SHAPIRO, J. (concurring).

I concur with the majority but write separately to emphasize, as the majority notes, that “we need not determine what does constitute a sufficient connection with the residence premises,” and that scenarios distinguishable from the instant case may result in a different outcome. Thus, although I agree that permissive use of a non-contiguous trail is not “use . . . in connection with,” I would reach a different conclusion had the accident occurred on a common trail that ran through two or several contiguous properties including that of the policyholder.

/s/ Douglas B. Shapiro

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