Mielke v. Michigan Millers Mutual Insurance

Michigan Court of Appeals
Mielke v. Michigan Millers Mutual Insurance, 82 Mich. App. 721 (1978)
Bronson, Cavanagh, Kelly

Mielke v. Michigan Millers Mutual Insurance

Opinion of the Court

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.

Reference

Full Case Name
MIELKE v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY
Cited By
1 case
Status
Published