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Burns v Farmers Ins Group; (USD-UNP, 9/1/1981; RB #446)

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United States District Court, Eastern District of Michigan; Docket No. 80-74631; Unpublished    
Judge Ralph B. Guy, Jr.; Memorandum Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]  
Social Security Retirement Benefits [§3109(1)]

TOPICAL INDEXING:
Not Applicable   


CASE SUMMARY:  
In a short memorandum Opinion, Judge Guy held that the defendant insurance company was not permitted to set off social security retirement benefits from any future recovery of no-fault benefits under §3109(1) of the Act Judge Guy rejected such a set-off "because social security benefits do not come within the purview of §3109(1). In addition, pursuant to plaintiff’s counsel's consent, the court dismissed a claim for mental anguish damages under authority of Kewin v Massachusetts Mutual.


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