GIER v. AUTO-OWNERS INS. CO.

Docket No. 218716.

625 N.W.2d 398 (2001)

244 Mich. App. 336

Marian Perrin GIER, as Personal Representative of the Estate of Velma Mae Brooks Perrin Carothers, Deceased, individually, and as representative on behalf of all parties similarly situated, Plaintiff-Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 16, 2001, at 9:10 a.m.

Released for Publication March 22, 2001.


Attorney(s) appearing for the Case

Arvid Perrin, Houghton Lake, for the plaintiff.

Dykema Gossett PLLC, (by Lori M. Silsbury and John M. Brown), Lansing, for the defendant.

Before FITZGERALD, P.J., and HOOD and McDONALD, JJ.


McDONALD, J.

Plaintiff appeals as of right from a court order granting summary disposition to defendant insurer. The trial court found that defendant was entitled to offset the payment of a $2,000 funeral expense liability by $255, the death benefit offered by social security under 42 U.S.C. 402(i), resulting in a net payment to plaintiff of $1,745. We reverse.

The Social Security Act, 42 U.S.C. 301 et seq., includes a death benefit payment of $255...

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