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Kerby v Auto-Owners Insurance Company; (CCC-___, 10/9/1989; RB# 1320)

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Benzie County Circuit Court; File No. 88-3233-NI;  
Judge James M. Batzer; _______    
Official Reporter Citation:________ ; Link to Opinion alt    


STATUTORY INDEXING:  
Work Loss Benefits: Nature of the Benefit [§3107(1)(b)]  
Work Loss Benefits: Self-Employed Persons [§3107(1)(b)]  
Replacement Service Expense Benefits: Nature of the Benefit [§3107(1)(c)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
The court granted summary disposition in favor of the plaintiff-insured and held that the no-fault automobile insurance company was liable for replacement service expenses incurred in connection with the operation of the insured's business pursuant to §3107. In making this ruling, the court held that replacement service benefits for self-employed business activities were not included as part of work loss benefits.

The plaintiff was the owner and operator of an adult foster care home who had become disabled as a result of an automobile accident and, therefore, incurred expenses for various services in connection with the operation of the business activities she normally performed. The insurer argued that those replacement service expenses were compensated as part of work loss benefits. The court rejected this position and held that the replacement service expenses incurred by self-employed people in connection with their business were compensible over and above wage loss benefits.


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