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O'DONNELL v. STATE FARM INS.

Docket No. 58833, (Calendar No. 13).

404 Mich. 524 (1979)

273 N.W.2d 829

O'DONNELL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Supreme Court of Michigan.

Decided January 4, 1979.

Attorney(s) appearing for the Case

Calder & Kirkendall, P.C. (by Robert E. Logeman), for plaintiffs.

Bodman, Longley & Dahling (by Theodore Souris and James R. Buschmann) and DeVine & DeVine (by Allyn D. Kantor) for defendant.

Amici Curiae:

Foster, Swift & Collins, P.C. (by Webb A. Smith and David W. McKeague), for American Mutual Insurance Alliance.

Gerald E. Mugan and Eugene F. Black.

Bush, Luce, Henderson & Bankson for Allstate Insurance Company.

Decided January 4, 1979. Rehearing denied 406 Mich. 1103.

COLEMAN, J. (to reverse).

Section 3109(1)1 of the Michigan No-Fault Insurance Act2 requires that the amount of benefits payable under any no-fault insurance policy must be reduced by the amount of benefits payable to a beneficiary by the state or Federal government, but it does not also require an analogous set-off of benefits payable...

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