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ROOT v. INS CO OF NORTH AMERICA

Docket No. 165787.

214 Mich. App. 106 (1995)

542 N.W.2d 318

ROOT v. INSURANCE COMPANY OF NORTH AMERICA

Michigan Court of Appeals.

Decided October 24, 1995, at 9:00 A.M.

Attorney(s) appearing for the Case

Melamed & Dailey, P.C. (by Mark L. Dailey), for the plaintiffs.

Noeske, Tarnavsky & Blanco (by William D. Kahn), for the defendant.

Before: FITZGERALD, P.J., and CAVANAGH and R.H. PANNUCCI, JJ.

PER CURIAM.

In this case we must decide whether both federal social security and state worker's compensation benefits may be set off against no-fault automobile insurance benefits under § 3109(1) of the Michigan no-fault act, MCL 500.3109(1); MSA 24.13109(1). We hold that benefits paid under both state and federal law may be set off in accordance with § 3109(1).

The decedent, Lance Root, was killed in an automobile accident on September 27, 1990...

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