Moshier v. Financial Indemnity Co.

After Remand

Before: R. B. Burns, P.J., and Mackenzie and L. C. Root,* JJ. 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 being received by plaintiff.

This Court on appeal, Moshier v Financial Indemnity Co, 92 Mich App 605;…