Brumfield v. Detroit Automobile Inter-Insurance Exchange

Michigan Court of Appeals

Brumfield v. Detroit Automobile Inter-Insurance Exchange

279 N.W.2d 293, 89 Mich. App. 1, 1979 Mich. App. LEXIS 2037

CourtMichigan Court of Appeals

DecidedFebruary 7, 1979

DocketDocket No. 77-3479

StatusPublished

Cited by4 cases

This text of 279 N.W.2d 293 (Brumfield v. Detroit Automobile Inter-Insurance Exchange) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brumfield v. Detroit Automobile Inter-Insurance Exchange, 279 N.W.2d 293, 89 Mich. App. 1, 1979 Mich. App. LEXIS 2037 (Mich. Ct. App. 1979).

Pincite

Opinion

Per Curiam.

Plaintiff filed an action in the [2]*2Wayne Circuit Court for reimbursement of Social Security benefits deducted by defendant in paying survivor’s loss benefits under MCL 500.3109(1); MSA 24.13109(1) of the "no fault” insurance act. The defendant appeals from an order of the trial court granting summary judgment to the plaintiff.

This issue has been litigated several times before the Court of Appeals. Most of the decisions have adopted the rationale or result obtained in the majority opinion in O’Donnell v State Farm Mutual Automobile Ins Co, 70 Mich App 487; 245 NW2d 801 (1976). However, the Supreme Court, in a very recent opinion, has reversed this Court’s holding in O’Donnell, 404 Mich 524; 273 NW2d 829 (1979). In view of the pronouncement of the Supreme Court, we accordingly reverse the decision of the trial court granting summary judgment and remand for entry of an order consistent with the opinion of the Supreme Court.

Reversed.

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Per Curiam.

Plaintiff filed an action in the [2]*2Wayne Circuit Court for reimbursement of Social Security benefits deducted by defendant in paying survivor’s loss benefits under MCL 500.3109(1); MSA 24.13109(1) of the "no fault” insurance act. The defendant appeals from an order of the trial court granting summary judgment to the plaintiff.

This issue has been litigated several times before the Court of Appeals. Most of the decisions have adopted the rationale or result obtained in the majority opinion in O’Donnell v State Farm Mutual Automobile Ins Co, 70 Mich App 487; 245 NW2d 801 (1976). However, the Supreme Court, in a very recent opinion, has reversed this Court’s holding in O’Donnell, 404 Mich 524; 273 NW2d 829 (1979). In view of the pronouncement of the Supreme Court, we accordingly reverse the decision of the trial court granting summary judgment and remand for entry of an order consistent with the opinion of the Supreme Court.

Reversed.

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Bluebook (online)

279 N.W.2d 293, 89 Mich. App. 1, 1979 Mich. App. LEXIS 2037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brumfield-v-detroit-automobile-inter-insurance-exchange-michctapp-1979.

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