Mielke v. MICH. MILLERS MUTUAL INS. CO.

267 N.W.2d 165, 82 Mich. App. 721, 1978 Mich. App. LEXIS 2266

Opinion

82 Mich. App. 721 (1978) 267 N.W.2d 165

MIELKE
v.
MICHIGAN MILLERS MUTUAL INSURANCE COMPANY

Docket No. 30914.

Michigan Court of Appeals.

Decided April 18, 1978.

Keller, Keller, Creager, Kosick & Rochau, for plaintiff.

Butzbaugh, Page, Butzbaugh & Dewane, for defendant.

Before: M.F. CAVANAGH, P.J., and BRONSON and M.J. KELLY, JJ.

PER CURIAM.

Defendant appeals as of right from an order granting plaintiff's summary judgment motion on the basis that the governmental benefits set-off provision of Michigan's no-fault insurance act, MCLA 500.3109(1); MSA 24.13109(1), is unconstitutional. Defendant, plaintiff's insurer, reduced payments due plaintiff by the amount of Social Security survivor's benefits received by plaintiff.

This case is controlled by Pollock v Frankenmuth Mutual Insurance Co, 79 Mich App 218; 261 NW2d 554 (1977). Pollock involved a set-off for workmen's compensation benefits. Its reasoning is equally applicable to a set-off for Social Security benefits.

We also note that Richardson v Belcher, 404 US 78; 92 S Ct 254; 30 L Ed 2d 231 (1971), is inapposite, as that case found a rational basis for a Federal set-off statute in the need to preserve state workmen's compensation programs, a consideration not applicable to the case at bar.

Affirmed. Costs to appellee.