Smith v. Lloyd

224 N.W.2d 670, 56 Mich. App. 576, 1974 Mich. App. LEXIS 758

Opinions

Van Valkenburg, J.

Plaintiffs’ motion to compel payment from the Motor Vehicle Accident Claims Fund was denied. The amount of the settlement reached in the present action was set off against the amount owing from plaintiff Hugh Smith to the Motor Vehicle Accident Claims Fund pursuant to a stipulated judgment in another case. Plaintiffs appeal.

The Motor Vehicle Accident Claims Fund Act does not grant the power of setoff to the Secretary of State nor can the Secretary compel judicial setoff of competing claims. Castro v Goemaere, 53 Mich App 78; 218 NW2d 395 (1974).

Reversed and remanded with instructions to enter judgment without the setoff. Costs to the plaintiffs.

Bronson, P. J., concurred.