Jarosz v. Detroit Automobile Inter-Insurance Exchange

This case presents still another variation of the application of § 3109(1) of the no-fault insurance act.1

Section 3109(1) provides:

"Benefits provided or required to be provided under the laws of any state or the federal government shall be subtracted from the personal protection insurance benefits otherwise payable for the injury.”

The primary issue is whether a portion of the social security old-age benefits being received by the appellant is the type of governmental benefit which, under § 3109(1), must be deducted from no-fault wage-loss benefits otherwise due.

We hold, on the facts of the…