Huron County Circuit Court; Unpublished
Judge Halford I. Streeter; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Extra Contractual / Mental Anguish Damages
The Huron County Circuit Court jury entered a verdict in the amount of $45,000 to a widow who was denied her full survivors benefits under §3108 of the no-fault statute. The defendant, Allstate Insurance Company, had refused to follow the Court of Appeals decision in O'Donnell v State Farm which held that it was unconstitutional to deduct social security benefits from survivor’s benefits. In spite of the O'Donnell decision, Allstate insisted upon deducting the social security benefits from the widow's survivors benefits. The plaintiff sought compensatory damages for mental anguish and punitive damages for the tortious conduct of the insurance company. The jury awarded the plaintiff $22,500 in compensatory damages and $22,500 in punitive damages. The Court was to assess attorney fees and interest pursuant to the no-fault statute.