Michigan Court of Appeals; Docket No. 110479; Unpublished
Judges Griffin, Wahls, and Brennan; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Spouses as Dependents [§3110(1)]
Children as Dependents [§3110(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals reversed the trial court's ruling that a 25-year old son of a deceased father was entitled to 25% of survivors' loss benefits with the remaining 75% allocated to the decedent's widow. The court held that the lower court's ruling that the son was dependent upon his deceased father under §3110 of the statute was erroneous. This statutory provision states that the following individuals are conclusively presumed to be dependents of a deceased person: a wife on a husband with whom she resides at the time of death, a husband on a wife with whom he resides at the time of death, a child under the age of 18, or a child over age 18 who is physically or mentally incapacitated. In addition, children who are engaged full-time in a formal educational program may also be dependent. In ruling that the son was not a dependent for purposes of receiving survivors' loss benefits under §3110, the court stated, "Plaintiff was over the age of 18 on the date of his father's death. Moreover, in response to defendant's request for admissions, plaintiff admitted that on the date of his father's death he was not attending classes at any educational institution. Plaintiff also admitted that he is not physically or mentally incapacitated from earning." Accordingly, the plaintiff’s son was not entitled to any no-fault survivors' loss benefits.
