Grand Traverse County Circuit Court; Docket No. 78-6435-CK; Unpublished
Judge William R. Brown; Oral Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In an oral Opinion which was summarized in a letter to the author, Judge William Brown held that a no-fault insured who suffers a subsequent disability (heart attack) unrelated to his original motor vehicle collision disability remains entitled to first party no-fault work loss benefits for the duration of his accident related disability. In so holding, Judge Brown ruled consistent with the Wayne County Circuit Court decision in Kellum v DAIIE (item number 116).
In this case, the plaintiff had suffered back and neck injuries which, standing along, would have disabled him from gainful employment for a period of 28 months. Approximately two weeks later, the plaintiff suffered an unrelated heart attack and his insurer withheld no-fault wage loss benefits in reliance upon the "would have earned" language contained in §3107(b) of the Act.
In relying upon the espoused no-fault policy of readily determinable benefits and discouragement of litigation, Judge Brown held that (1) an ambiguity does exist in the language of §3107; (2) where such an ambiguity exists the no-fault legislation should be interpreted according to the avowed policy of the Act; (3) plaintiff should therefore be awarded first party benefits for the full duration of his accident related disability, despite evidence of subsequent diminished earning capacity.