LeBlanc v. State Farm Mutual Automobile Insurance

I am in accord with my Brother Levin’s study of the relationship between §§ 3109(1) and 3109a of our no-fault insurance act1 and the conclusions that follow therefrom. I do not agree, however, with his monolithic treatment of Medicare; a treatment that fails to discriminate between the two programs Medicare comprises and, in my view, precludes a correct result in this case.

Medicare is a 15-year-old federal program subsumed within the structure of the social security system2 and designed to finance certain medical expenses incurred by persons 65 years old and over. It consists of two discrete…