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Legault v Auto Club Insurance Association; (COA-UNP, 5/16/1990; RB #1369)

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Michigan Court of Appeals; Docket No. 116541; Unpublished  
Judges Holbrook, Jr., Murphy, and Jansen; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Spouses as Dependents [§3110(1)]  
Dependents in Other Scenarios [§3110(2)]  
Termination of Dependency [§3110(3)]

TOPICAL INDEXING: 
Not Applicable   


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals affirmed denial of survivors' loss benefits to plaintiff, based upon the language of §3110 which determines who is a dependent for purposes of receiving survivors' loss benefits. 

In this case, plaintiff lived with the decedent who died as a result of an automobile-pedestrian accident. Plaintiff and decedent were not married, although decedent apparently provided for plaintiff financially. Based upon the language of §3110(l)(a), since plaintiff was not married to decedent, she cannot conclusively be presumed to be his dependent. Furthermore, based upon the facts of the case, the court affirmed the trial court decision that plaintiff was not a dependent under §3110(2), or if she was, the court held that the dependency was terminated under §3110(3).  


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