Michigan Court of Appeals; Docket No. 74958; Published
Judges Holbrook, MacKenzie, and Lamb; Unanimous; Opinion by Judge Lamb
Official Michigan Reporter Citation: 141 Mich App 235; Link to Opinion 
STATUTORY INDEXING:
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Dependents [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Lamb, the Court of Appeals ruled that a minor dependent of a divorced decedent is entitled to receive no-fault survivor's loss benefits based upon the decedent's child support obligation and any other contributions of tangible things of economic value the minor would have received from the decedent but for his death.
In this case, the only factual evidence to the trial court by stipulation was the fact that the minor child received $55 per week in child support plus a small amount paid on an accumulated arrearage. Had the minor child been able to show that she would have received additional sums, her no-fault survivor's loss benefits would have been greater. To this effect, the court noted in a footnote, "This decision is limited by the facts stipulated to at trial. This opinion should not be read as meaning that a deceased noncustodial parent’s dependents are limited to receiving only those amounts representing the deceased's support obligations under a judgment of divorce, judgment of separate maintenance or some other arrangement. On the contrary, had plaintiff been able to show that she 'would have received’ other contributions of tangible things of economic value from decedent but for his death, she could be entitled to those amounts under §3108 as well."
