Legal Opinion · Concurring in part, dissenting in part

LeBlanc v. State Farm Mutual Automobile Insurance

Michigan Supreme Court

Decided February 3, 1981No. 62439, (Calendar No. 10)Published

1Concurring in part, dissenting in partLevin, J.

The question in this case is whether, when an insured has overlapping Medicare and no-fault automobile liability insurance coverage, the no-fault insurer must pay benefits that duplicate benefits paid by Medicare. The Court’s decision that duplicative payments must be made answers the question in a manner that fails to implement the Legislature’s efforts to reduce the costs of no-fault insurance to Michigan consumers by eliminating duplication.

Section 3109(1) of the no-fault automobile liability act1 provides that no-fault benefits otherwise payable are to be reduced by benefits provided…

2Cases cited4 opinions

  1. O'Donnell v. State Farm Mutual Automobile InsuranceMichigan Supreme Court · 1979
  2. Mathis v. Interstate Motor Freight SystemMichigan Supreme Court · 1980
  3. People v. JohnsonMichigan Supreme Court · 1935
  4. Neumann v. Transit Casualty Co.Michigan Court of Appeals · 1980

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