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Moshier v Financial Indemnity Company; (KCC-UNP, 11/1/1976; RB #25)

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Kalamazoo County Circuit Court; Docket No. D-753 00 272 NI; Unpublished    
Judge Robert L. Borsos; Written Opinion   
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:
General / Miscellaneous [§3108]

TOPICAL INDEXING:
Legislative Purpose and Intent    


CASE SUMMARY:   
Judge Borso’s Opinion interprets two portions of §3108. First, Judge Borsos ruled that the $20 per day limitation on expenses incurred by dependents to replace ordinary and necessary services which would have been performed by the deceased for their benefit is not a single limitation of $20 a day on the claims of all dependents, but rather is a limitation to which each dependent is entitled because each dependent may have similar expenses and their recovery should not be deluded by the fact that there are multiple dependents. Second, it was held that the $1,000 limitation per 30 day period relates on to contributions of tangible things of economic value, not including services, and does not relate to expenses which have their own limitation of $20 per day. Thus, PIP benefits are payable for a survivor's loss and expenses and the $1,000 limitation applies only to the former and the $20 per day or $600 per 30 day period to the latter, for a maximum possible claim of $1600 in a single 30 day period.


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