Michigan Supreme Court; Docket No. 61683; Published
Opinion by J. Moody Jr.; Unanimous
Official Michigan Reporter Citation: 409 Mich 231; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a unanimous Opinion by Justice Moody, the Supreme Court affirmed the decisions of the Court of Appeals and held that under §3113(b) of the Act, the surviving*dependents of an uninsured owner or registrant of a motor vehicle who suffers death in an accident involving that uninsured vehicle, are disqualified from recovering no-fault survivor's loss benefits. The Court held that for the most part, the right of surviving dependents to claim no-fault benefits under §3108 of the statute is derivative of and dependent upon the right of the decedent to collect no-fault benefits under §3107 in nonfatal accidents. Inasmuch as §3113(b) clearly disqualifies an uninsured owner or registrant from recovering benefits under§ 3107 in nonfatal accidents, surviving dependents are likewise disqualified from receiving benefits under §3108.
The Court held that "§3113(b) represents a policy decision by the legislature to exclude the payment of no-fault benefits in situations where the injury upon which the claimed benefits is based is suffered by a person whose uninsured vehicle is involved in the accident As drafted, §3113(b) excludes payment of benefits for survivor's loss in these situations as well."
[Author's Comment: In commenting upon the various statutory sanctions which encourage the purchase of compulsory no-fault insurance, the Court stated "Persons required to maintain security and who fail to do so have no immunity from tort liability. Such persons are exposed to potential liability for all damages to which an injured victim may be entitled.'' This sentence appears to be in direct contradiction to that language in the Schigur decision (item number 312) which states that recovery for noneconomic losses in an uninsured motorist arbitration is limited to those noneconomic losses above the threshold.]
