United States District Court, Eastern District of Michigan; Docket No. 7-70401
Judge Charles Joiner
Official Michigan Reporter Citation: ___________; Link to Opinion 
STATUTORY INDEXING:
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
CASE SUMMARY:
In a published Opinion reported at 451 F Supp 889, United States District Judge Charles Joiner held that under §3108 of the no-fault statute the $1,000 three-year limitation on survivors' loss benefits applies to each of the two subcategories of survivors' loss, that is loss of contributions of tangible things of economic value that dependents would have received but for the decedent's death and replacement service expenses of $20 per day. Thus, the $1,000 monthly limitation is a ceiling for both of these kinds of loss. Judge Joiner's holding on this issue is consistent with the subsequent opinion of the Michigan Court of Appeals in Moshier v Financial Indemnity (item number 235), which Court of Appeals decision specifically cited this opinion by Judge Joiner.
Second, Judge Joiner held that the no-fault policy which covered the decedent while driving other vehicles owned by him and insured by State Farm, did not cover the single vehicle motorcycle accident in which decedent was killed. Under the personal injury protection endorsement to decedent's policy, "eligible injured person" was defined in such a way as to limit coverage to accidents involving a motor vehicle. The policy further defined "motor vehicle" as a vehicle having more than two wheels. The endorsement also excluded motorcycles from personal injury protection coverage. Even though the endorsement contained an exclusion establishing a $300 deductible for a special category of accidents covered under the terms of the "injuring agreement" which involved motorcycles, this exclusion did not expand the "eligible injured person" definition. Thus, unless it could be established that the decedent's single vehicle motorcycle accident involved an automobile, the decedent would be properly excluded under the terms of the insurance policy.
