MOSHIER v. FIN. IND. CO.

Docket No. 58608.

120 Mich. App. 522 (1982)

327 N.W.2d 513

MOSHIER v. FINANCIAL INDEMNITY COMPANY.

Michigan Court of Appeals.

Decided October 18, 1982.


Attorney(s) appearing for the Case

Sloan, Benefiel & Farrer (by Gary C. Newton), for plaintiffs.

Howard & Howard (by Richard J. Howard), for defendant.

Before: R.B. BURNS, P.J., and MacKENZIE and L.C. ROOT, JJ.


AFTER REMAND

R.B. BURNS, P.J.

George Moshier was killed in an automobile accident. Mrs. Moshier, individually and as next friend of her children, brought suit against defendant Financial Indemnity Company for no-fault insurance benefits.

The trial court held that § 3109(1) of the no-fault act, MCL 500.3101 et seq.; MSA 24.13101 et seq., was unconstitutional and prohibited the defendant from taking a setoff for Social Security benefits...

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