Michigan Court of Appeals; Docket-No. 77-2190; Unpublished
Judges T. M. Burns, N. J. Kaufman, and Bashara; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
This 2-1 per curiam Opinion (Judge T. M. Burns dissenting) dealt with the identical issue that was raised in Belcher v Aetna (item number 77). Consistent with the Belcher decision, this panel held that under §3113(b) a decedent's survivors are barred from recovering survivor's benefits from the assigned claims facility when the decedent was uninsured at the time of his fatal auto accident. The Court reasoned that the right of the wife and children to survivor's loss benefits was dependent upon or derivative of the decedent's right to collect personal protection insurance benefits. Where the decedent is uninsured the survivors have no benefits.
