MOTOR VEHICLE ACCIDENT CLAIMS ACT
Act 198 of 1965
257.1122 Payment from fund; prohibited when damages paid or payable from insurance.
Sec. 22.
(1) No payment shall be made out of the fund for payment of damages arising out of motor vehicle accidents occurring in this state prior to January 1, 1966.
(2) No payment shall be made out of the fund in respect to a claim or judgment for damages or in respect to a judgment against the secretary, of any amount paid or payable by an insurer by reason of the existence of a policy of insurance or of any amount paid or payable by any other person by reason of the existence of any policy, contract, agreement or arrangement, providing for the payment of compensation, indemnity or other benefits.
(3) No amount sought to be paid out of the fund shall be sought in lieu of making a claim or receiving a payment that is payable by reason of the existence of a policy of insurance, or in lieu of making a claim or receiving a payment that is payable by reason of the existence of any policy, contract, agreement or arrangement, providing for the payment of compensation, indemnity or other benefits, to which the claimant would be entitled in the absence of this act.
(4) In determining the amount which is payable from the fund under subsections (2) and (3) of this section and section 23, of this act, no consideration shall be given to any amount received or receivable by or paid or payable to or for the benefit of any person, under a policy of life insurance or under any policy, contract or agreement, providing for the payment of any hospital or medical expenses.
(5) No amount sought to be paid out of the fund shall be sought, directly or indirectly, for payment to or on behalf of any insurer or other person to reimburse or indemnify the insurer or such other person for any amount paid or payable by the insurer or such other person, by reason of the existence of any policy of insurance or any contract, agreement or arrangement, providing for the payment of any compensation, indemnity or other benefits.
History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1965, Act 389, Imd. Eff. Oct. 25, 1965
Notes of Decisions
Cited in
14
cases, 1971–1982 · leading case:
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
· cites it 26× “2829) indicates that an employee who suffers $50,000 in damages inflicted upon him by an uninsured motorist and to whom a workmen's compensation award with a present value of $20,000 is made, is unable to sue the Fund, regardless of the $30,000 in damages which would go…”
Bradley v. Mid-Century Ins., 294 N.W.2d 141 (Mich. 1980).
“” MCL 257.1122; MSA 9.2822. "Where any amount is recovered from any other source in partial discharge of the claim or judgment, or where a claim or judgment for damages is reduced by an amount paid or payable by an insurer or any other person, as provided in [subsections (2) or…”
Watts v. Dep't of State, 231 N.W.2d 43 (Mich. 1975).
· cites it 4× “) MCLA 257.1122; MSA 9.2822. The fund contends that the use of both "paid" and "payable" in the statute evidences a legislative intent to distinguish between the money potentially payable under the policy (the amount "payable") and the money actually paid in settlement with the…”
Steele v. Wilson, 185 N.W.2d 417 (Mich. Ct. App. 1971).
· cites it 2× “2822 [2]): “No payment shall be made out of the fund in respect to a claim or judgment for damages or in respect to a judgment against the secretary, of any amount paid or payable by an insurer by reason of the existence of a policy of insurance or of any amount paid or payable…”
Brunner v. Sec'y of State, 210 N.W.2d 786 (Mich. Ct. App. 1973).
· cites it 3× “between the meaning of the terms 'paid’ and 'payable’ as used in the statute [MCLA 257.1122; MSA 9.2822], as those terms affect the case at bar.”
Lambert v. Calhoun, 210 N.W.2d 796 (Mich. Ct. App. 1973).
· cites it 2× “5851(1), provides: "If the person first entitled to * * * bring any action is under 21 years of age * * * he or those claiming under him shall have 1 year after his disability is removed * * * to * * * bring the action although the period of limitations has run".”
Cooper v. Currigan, 229 N.W.2d 451 (Mich. Ct. App. 1975).
· cites it 5× “Section 22(2) of the Motor Vehicle Accident Claims Act [MCLA 257.1122(2); MSA 9.2822(2)] reads in pertinent part: "No payment shall be made out of the fund in respect to a * * * judgment for damages * * * of any amount paid or payable by any other person by reason of the…”
Green v. Blicharski, 188 N.W.2d 113 (Mich. Ct. App. 1971).
“We examine the pertinent section of the statute, MOLA § 257.1122 (Stat Ann 1968 Rev § 9.2822): “(2) No payment shall he made out of the fund in respect to a claim or judgment for damages or in respect to a judgment against the secretary, or any amount paid or payable by an…”
Ingram v. McCastle, 296 N.W.2d 116 (Mich. Ct. App. 1980).
· cites it 2× “Under MCL 257.1122; MSA 9.2822, 1 the Secre *598 tary of State may set off against a judgment any amounts received by a party under uninsured.”
LaForest v. Grunow, 204 N.W.2d 355 (Mich. Ct. App. 1972).
“MCLA 257.1122; MSA 9.2822. Plaintiffs were also unable to cite any case law.”
Tilmon v. Kaye, 207 N.W.2d 467 (Mich. Ct. App. 1973).
· cites it 3× “The issue before us is whether the language of MCLA 257.1122; MSA 9.2822, requires such a reduction.”
— Mich. Comp. Laws § 257.1122(2) — 7 cases
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
“2829) indicates that an employee who suffers $50,000 in damages inflicted upon him by an uninsured motorist and to whom a workmen's compensation award with a present value of $20,000 is made, is unable to sue the Fund, regardless of the $30,000 in damages which would go…”
Steele v. Wilson, 185 N.W.2d 417 (Mich. Ct. App. 1971).
“2822 [2]): “No payment shall be made out of the fund in respect to a claim or judgment for damages or in respect to a judgment against the secretary, of any amount paid or payable by an insurer by reason of the existence of a policy of insurance or of any amount paid or payable…”
Watts v. Dep't of State, 231 N.W.2d 43 (Mich. 1975).
“) MCLA 257.1122; MSA 9.2822. The fund contends that the use of both "paid" and "payable" in the statute evidences a legislative intent to distinguish between the money potentially payable under the policy (the amount "payable") and the money actually paid in settlement with the…”
Brunner v. Sec'y of State, 210 N.W.2d 786 (Mich. Ct. App. 1973).
“between the meaning of the terms 'paid’ and 'payable’ as used in the statute [MCLA 257.1122; MSA 9.2822], as those terms affect the case at bar.”
— Mich. Comp. Laws § 257.1122(4) — 2 cases
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
“2829) indicates that an employee who suffers $50,000 in damages inflicted upon him by an uninsured motorist and to whom a workmen's compensation award with a present value of $20,000 is made, is unable to sue the Fund, regardless of the $30,000 in damages which would go…”
Cooper v. Currigan, 229 N.W.2d 451 (Mich. Ct. App. 1975).
“Section 22(2) of the Motor Vehicle Accident Claims Act [MCLA 257.1122(2); MSA 9.2822(2)] reads in pertinent part: "No payment shall be made out of the fund in respect to a * * * judgment for damages * * * of any amount paid or payable by any other person by reason of the…”
— Mich. Comp. Laws § 257.1122(5) — 1 case
Bowser v. Jacobs, 194 N.W.2d 110 (Mich. Ct. App. 1971).
“2829) indicates that an employee who suffers $50,000 in damages inflicted upon him by an uninsured motorist and to whom a workmen's compensation award with a present value of $20,000 is made, is unable to sue the Fund, regardless of the $30,000 in damages which would go…”
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