Michigan Court of Appeals; Docket No. 98812; Unpublished
Judges Shepherd, Wahls, and Ford; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals rejected an argument that expenses for replacement services are not included in the term "survivors' loss" which would subject such expenses to the statutory maximum amount of survivors' loss benefits under §3108(1). The court noted that this contention had already been decided adversely to plaintiff by the Court of Appeals in the cases of Moshier v Financial Indemnity (Item No. 578); Swanson v Citizens (Item No. 340) and Schaible v Michigan Mutual (Item No. 523). Replacement services, according to these cases, are included in calculating the monthly maximum amount of survivors' loss benefits.