O'Donnell v. State Farm Mutual Automobile Insurance

I respectfully dissent.

A brief review of the facts is necessary to this discussion. Plaintiff’s decedent was fatally injured in an automobile collision on February 19, 1975. The decedent was insured under a no-fault auto*501mobile insurance policy issued by the defendant. The policy provided in relevant part:

"(5) the amount payable by the company under the terms of this insurance shall be reduced by

"(a) the amount paid, payable, or required to be provided under the laws of any state or federal government.”

The reduction in payments allowed by paragraph (5)(a) of the insurance policy is provided…