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MIELKE v. MICH. MILLERS MUTUAL INS. CO.

Docket No. 30914.

82 Mich. App. 721 (1978)

267 N.W.2d 165

MIELKE v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided April 18, 1978.

Attorney(s) appearing for the Case

Keller, Keller, Creager, Kosick & Rochau, for plaintiff.

Butzbaugh, Page, Butzbaugh & Dewane, for defendant.

Before: M.F. CAVANAGH, P.J., and BRONSON and M.J. KELLY, JJ.

PER CURIAM.

Defendant appeals as of right from an order granting plaintiff's summary judgment motion on the basis that the governmental benefits set-off provision of Michigan's no-fault insurance act, MCLA 500.3109(1); MSA 24.13109(1), is unconstitutional. Defendant, plaintiff's insurer, reduced payments due plaintiff by the amount of Social Security survivor's benefits received by plaintiff.

This case is controlled by Pollock v Frankenmuth Mutual Insurance...

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