Berrien County Circuit Court; Case No. 74-002385; Unpublished
Judge William S. White
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3116]
TOPICAL INDEXING:
Legislative Purpose and Intent
No-Fault Insurer Claims for Reimbursement
CASE SUMMARY:
The court held that Judge Gilmore's limiting construction of §3116, to the effect that benefits must be reimbursed only when like benefits have been previously allowed, was inappropriate as it constituted judicial legislation. Accordingly, the court found that §3116, as written by the legislature, was unconstitutional as a violation of the equal protection clauses of the U. S. and Michigan Constitutions.