Smith v Farm Bureau Insurance Company; (KCC-UNP, 5/17/1978; RB #187)

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Kalkaska County Circuit Court; Docket No. 76-773; Unpublished   
Judge William A. Porter   
Official Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]

TOPICAL INDEXING:
Legislative Purpose and Intent   


CASE SUMMARY:
In a written Opinion, Circuit Judge William Porter held that the $1,000 limitation found in §3108 of the no-fault statute regarding survivor's loss benefits applies only to loss of contributions of tangible things of economic value, not including services, and does not apply to expenses for the loss of services defined therein. Accordingly, an insured is entitled to payment for expenses of loss of services as defined in §3108 independent of and irrespective of whether or not the $1,000 ceiling has been reached.

[Author's Comment: Judge Porter's Opinion is consistent with the Opinion Moshier v Financial Indemnity Company v Michigan Mutual (item number 25) and is contrary to the Opinion in Bessette v Michigan Mutual (item number 133).]