Auto-Owners Insurance v. Perry

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 plaintiff thus claimed a right to reimbursement. The trial court denied plaintiff’s motion for summary disposition, plaintiff appealed by leave granted,…