THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3108 Survivor's loss; benefits.
Sec. 3108.
(1) Except as provided in subsection (2), personal protection insurance benefits are payable for a survivor's loss which consists of a loss, after the date on which the deceased died, of contributions of tangible things of economic value, not including services, that dependents of the deceased at the time of the deceased's death would have received for support during their dependency from the deceased if the deceased had not suffered the accidental bodily injury causing death and expenses, not exceeding $20.00 per day, reasonably incurred by these dependents during their dependency and after the date on which the deceased died in obtaining ordinary and necessary services in lieu of those that the deceased would have performed for their benefit if the deceased had not suffered the injury causing death. Except as provided in section (2) the benefits payable for a survivors' loss in connection with the death of a person in a single 30-day period shall not exceed $1,000.00 for accidents occurring before October 1, 1978, and shall not exceed $1,475.00 for accidents occurring on or after October 1, 1978, and is not payable beyond the first three years after the date of the accident.
(2) The maximum payable shall be adjusted annually to reflect changes in the cost of living under rules prescribed by the commissioner. A change in the maximum shall apply only to benefits arising out of accidents occurring subsequent to the date of change in the maximum. The maximum shall apply to the aggregate benefits for all survivors payable under this section on account of the death of any one person.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973 ;-- Am. 1978, Act 459, Imd. Eff. Oct. 16, 1978
Constitutionality Notes:
The legislature did not violate constitutional due process or equal protection in providing for cost-of-living increases for no-fault insurance work loss benefits under MCL 500.3107(b), but not for no-fault insurance survivors' loss benefits under this section. Davey v Detroit Automobile Inter-Insurance Exchange, 414 Mich 1; 322 NW2d 541 (1982).
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
Karen Scugoza v. Metro. Direct Prop. & Cas. Ins Co, 891 N.W.2d 274 (Mich. Ct. App. 2016).
· cites it 32× “We hold that the Supreme Court’s interpretation of MCL 500.3108 in Miller supports the conclusion that old-age Social Security benefits are to be included in the calculation of survivors’ loss benefits under the no-fault act.”
Johnson v. Recca, 821 N.W.2d 520 (Mich. 2012).
· cites it 8× “3108(1), and “allowable expenses,” “work loss,” and replacement services are defined as follows in MCL 500.”
Miller v. State Farm Mut. Auto. Ins., 302 N.W.2d 537 (Mich. 1981).
· cites it 10× “We granted leave in these consolidated appeals in order to decide: "[Whether] survivors' benefits payable under § 3108 of the no-fault insurance act, MCL 500.3108; MSA 24.13108 [should] be computed on the basis of gross pay or take-home pay reduced by the amount of expenses…”
Davey v. Detroit Auto. Inter-Ins. Exch., 322 N.W.2d 541 (Mich. 1982).
· cites it 14× “13107(b) but not *4 for no-fault insurance survivors' loss benefits under MCL 500.3108; MSA 24.13108. Plaintiff argues increases in the cost of living affect both classes alike.”
Gobler v. Auto-Owners Ins., 404 N.W.2d 199 (Mich. 1987).
· cites it 8× “MCL 500.3108; MSA 24.13108. We read the quoted language of § 3108 in the light of the no-fault act as a whole and conclude that the Legislature did not intend that survivors be compensated for lost income only if they can prove that the deceased was employed on the date of the…”
Gauntlett v. Auto-Owners Ins., 617 N.W.2d 735 (Mich. Ct. App. 2000).
· cites it 10× “The court determined that plaintiff had established that Ellen Flinn’s estate was reduced because of administrative expenses for the funeral, lawyers, accounts, inheritance tax, and federal estate tax, all of which were attributable to Flinn’s death. Therefore, the trial court…”
Wood v. Auto-Owners Ins., 668 N.W.2d 353 (Mich. 2003).
· cites it 9× “We reverse the Court of Appeals decision concerning replacement services benefits under MCL 500.3108 and remand the case to the Washtenaw Circuit Court for further proceedings consistent with this opinion.”
LeBlanc v. State Farm Mut. Auto. Ins., 301 N.W.2d 775 (Mich. 1981).
· cites it 4× “[17] MCL 500.3108; MSA 24.13108. [18] Hawkins v Auto-Owners Ins Co , Ottenwess v Hawkeye-Security Ins Co and In re Certified Questions (Joseph v Transport Indemnity Co) were decided with Mathis .”
Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).
· cites it 4× “However, MCL 500.3108; MSA 24.13108, which defines a survivor’s loss, indicates that a dependent is a person who was receiving support and services from the deceased injured person prior to his death.”
Heather Lynn Hannay v. Dep't of Transp., 497 Mich. 45 (Mich. 2014).
· cites it 2× “In Gobler v Auto-Owners Ins Co, this Court interpreted a phrase contained in the survivor’s benefits provision of the no-fault act, MCL 500.3108, the language of which is analogous to MCL 500.”
— Mich. Comp. Laws § 500.3108(1) — 29 cases
Karen Scugoza v. Metro. Direct Prop. & Cas. Ins Co, 891 N.W.2d 274 (Mich. Ct. App. 2016).
“We hold that the Supreme Court’s interpretation of MCL 500.3108 in Miller supports the conclusion that old-age Social Security benefits are to be included in the calculation of survivors’ loss benefits under the no-fault act.”
Johnson v. Recca, 821 N.W.2d 520 (Mich. 2012).
“3108(1), and “allowable expenses,” “work loss,” and replacement services are defined as follows in MCL 500.”
Heather Lynn Hannay v. Dep't of Transp., 497 Mich. 45 (Mich. 2014).
“In Gobler v Auto-Owners Ins Co, this Court interpreted a phrase contained in the survivor’s benefits provision of the no-fault act, MCL 500.3108, the language of which is analogous to MCL 500.”
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