Berrien County Circuit Court; Docket No. 75-1437; Unpublished
Judge Chester J. Byrns; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Work Loss Benefits: Calculation of Benefits [§3107(1)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
Judge Byrns held that under §3107(b) the $1,000 limit (as periodically adjusted by the insurance commissioner) is a limitation which applies only to the recovery of wage loss benefits and is not a ceiling limiting recovery of substituted service expenses. Accordingly, a person entitled to PIP benefits can recover a maximum wage loss up to $1,000 (as periodically adjusted) per month plus an additional $20 per day in substituted service expenses. Any insurance policy to the contrary is invalid in light of this statutory construction.