Genesee County Circuit Court, File No. 76-38403-CK; Unpublished
Judge Harry McAra; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
The court held that §3109 of the no-fault law, which requires that "benefits provided or required to be provided" under state or federal law be subtracted from personal protection insurance benefits, only permits such a deduction when the governmental benefits (in this case workers' compensation benefits) are paid, payable, or are due. In this case, the compensation benefits had not yet been paid or declared due. Accordingly, the court held that the first party no-fault insurer could not deduct such benefits from personal protection insurance benefits.
