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AUTO-OWNERS INS. CO. v. PERRY

Docket No. 186678.

566 N.W.2d 10 (1997)

223 Mich. App. 1

AUTO-OWNERS INSURANCE COMPANY, Plaintiff-Appellant, v. Betty PERRY formerly known as Betty Campbell, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 15, 1997, at 9:10 a.m.

Released for Publication July 16, 1997.

Attorney(s) appearing for the Case

Anselmi & Mizerowski, P.C. by Timothy W. Mizerowski, Bloomfield Hills, for Plaintiff-Appellant.

Michael J. Kelly, Flint, for Defendant-Appellee.

Before SAAD, P.J., and GRIFFIN and M.H. CHERRY, JJ.

SAAD, Presiding Judge.

Pursuant to its no-fault automobile policy, plaintiff insurer paid survivor's loss benefits to defendant's children, without offsetting social security benefits received by the children. However, plaintiff reserved the right to seek reimbursement of such offsets if the Michigan Supreme Court reversed a Court of Appeals decision that had placed in doubt the insurer's right to make such offsets. Thereafter, the decision was indeed reversed, and...

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