Mielke v. Mich Millers Mutual

Full title: MIELKE v MICHIGAN MILLERS MUTUAL INSURANCE COMPANY

Court: Michigan Court of Appeals

Date published: Apr 18, 1978

82 Mich. App. 721 (Mich. Ct. App. 1978)

267 N.W.2d 165

Opinion

Docket No. 30914.

Decided April 18, 1978. Leave to appeal applied for.

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 N.W.2d 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 U.S. 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.