Mielke v. Michigan Millers Mutual Insurance

Michigan Court of Appeals

Mielke v. Michigan Millers Mutual Insurance

82 Mich. App. 721

CourtMichigan Court of Appeals

DecidedApril 18, 1978

DocketDocket No. 30914

StatusPublished

Cited by1 cases

This text of 82 Mich. App. 721 (Mielke v. Michigan Millers Mutual Insurance) 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

Mielke v. Michigan Millers Mutual Insurance, 82 Mich. App. 721 (Mich. Ct. App. 1978).

Pincite

Opinion

Per Curiam:

Defendant appeals as of right from an order granting plaintiffs 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, plaintiffs 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.

Free access — add to your briefcase to read the full text and ask questions with AI