Hammermeister v. Riverside Insurance

Per Curiam:.

Appellant appeals by leave granted from an order entered in the Oakland County Circuit Court granting appellee’s motion for summary judgment on the basis that appellant had improperly offset appellee’s Social Security retirement benefits from wage-loss benefits due her under MCL 500.3107; MSA 24.13107. The trial court found that there existed no genuine issue as to any material fact. GCR 1963, 117.2(3).

This suit arose out of a March 25, 1979, automobile accident. At the time of the accident, appellee was 65 years of age and was collecting old-age Social Security benefits.

When…