Michigan Court of Appeals; Docket No. 148143; Unpublished
Judges Doctoroff, Michael J. Kelly, and Gribbs; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Social Security Disability Benefits [§3109(1)]
TOPICAL INDEXING:
Social Security Disability and Death Benefits
CASE SUMMARY:
In this unanimous per curiam unpublishedOpinion, the Court of Appeals decided a case which it had held in abeyance pending the Supreme Court decision in Profit v Citizens Insurance Company, 187 Mich App 55 (1991) (Item No. 1632).
At issue in this case was whether Allstate was entitled to set off plaintiff’s Social Security disability benefits, even though Allstate had failed to offer plaintiff a policy which coordinated wage loss benefits with social security disability benefits under §3109. The trial court held that it was obligated to follow the Court of Appeals decision in Profit which held that work loss benefits should not be reduced by social security disability benefits.
Based upon the Supreme Court decision in Profit holding that a no-fault insurer is entitled to subtract Social Security disability benefits from work loss benefits even where the policy specifically provides that benefits are not coordinated, the Court of Appeals here reversed the decision of the trial court