Michigan Court of Appeals; Docket No. 77-3481; Published
Judges R. B. Burns, Allen, and MacKenzie; Unanimous; Opinion by Judge MacKenzie
Official Michigan Reporter Citation: 92 Mich App 605; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Dependents [§3108(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this unanimous Opinion by Judge MacKenzie, the Court of Appeals made some rather significant pronouncements dealing with an issue of first impression regarding survivors' loss benefits under §3108 of the statute. First, the Court held that the $20 per day maximum limitation on replacement service expenses applies to all dependents of the deceased as opposed to providing a separate $20 per day allowance for each dependent of the deceased. The Court held that the right of the "dependent" to recover these expenses for replacement services is derivative of the insured person's right to recover. Thus, the dependents, in aggregate, are limited to the maximum $20 per day just as the injured person would have been.
Second, the appeals Court held that the $1,000 per month survivors' loss limitation applies to the monthly replacement services as well as to contributions of tangible things of economic value. Thus, the term "survivors' loss" includes expenses for replacement services and for loss of support, and those benefits are subject to the $1,000 per 30-day period and three year limitation.
[Author's Comment: This decision reverses the trial court decision summarized in item number 25.]
