THE INSURANCE CODE OF 1956
Act 218 of 1956
500.3110 Dependents of deceased person; termination of dependency; accrual of personal protection benefits.
Sec. 3110.
(1) The following persons are conclusively presumed to be dependents of a deceased person:
(a) A wife is dependent on a husband with whom she lives at the time of his death.
(b) A husband is dependent on a wife with whom he lives at the time of her death.
(c) A child while under the age of 18 years, or over that age but physically or mentally incapacitated from earning, is dependent on the parent with whom he lives or from whom he receives support regularly at the time of the death of the parent.
(2) In all other cases, questions of dependency and the extent of dependency shall be determined in accordance with the facts as they exist at the time of death.
(3) The dependency of a surviving spouse terminates upon death or remarriage. The dependency of any other person terminates upon the death of the person and continues only so long as the person is under the age of 18 years, physically or mentally incapacitated from earning, or engaged full time in a formal program of academic or vocational education or training.
(4) Personal protection insurance benefits payable for accidental bodily injury accrue not when the injury occurs but as the allowable expense, work loss or survivors' loss is incurred.
History: Add. 1972, Act 294, Eff. Mar. 30, 1973
PopularName Notes:
Act 218
PopularName Notes:
Essential Insurance
PopularName Notes:
No-Fault Insurance
Notes of Decisions
Cited in
72
cases (
29 in the last 5 years), 1978–2025 · leading case:
Johnson v. Recca, 821 N.W.2d 520 (Mich. 2012).
Johnson v. Recca, 821 N.W.2d 520 (Mich. 2012).
· cites it 22× “3107 to MCL 500.3110] in excess of the daily, monthly, and 3-year limitations contained in those sections.”
Miller v. State Farm Mut. Auto. Ins., 302 N.W.2d 537 (Mich. 1981).
· cites it 6× “13112; and for prompt access to earnings records of an injured person in order to facilitate determination of the amount of benefits due, MCL 500.”
Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).
· cites it 4× “A conclusive presumption that certain persons are dependents of the deceased injured party is created by MCL 500.3110; MSA 24.13110. Under this section, in cases where the presumption does not operate, dependency is determined according to the facts existing at the time of death.”
Gobler v. Auto-Owners Ins., 404 N.W.2d 199 (Mich. 1987).
· cites it 4× “[6] As noted by the Court of Appeals, plaintiff's dependency within the meaning of the act was undisputed; she was conclusively presumed to be a dependent of the deceased pursuant to MCL 500.3110(1)(a); MSA 24.13110(1)(a). [7] The record reflects that the reason for defendant's…”
O'Donnell v. State Farm Mut. Auto. Ins., 273 N.W.2d 829 (Mich. 1979).
· cites it 2× “" MCL 500.3110; MSA 24.13110. [9] Section 3108 of the No-Fault Act provides: "Personal protection insurance benefits are payable for a survivors' loss which consists of a loss, after the date on which the deceased died, of contributions of tangible things of economic value, not…”
Workman v. Detroit Auto. Inter-Ins. Exch., 274 N.W.2d 373 (Mich. 1979).
· cites it 2× “MCL 500.3110; MSA 24.13110. [15] Under the No-Fault Act, such "double recovery" of economic losses might occur with respect to the following persons: (1) those persons who retain their right to sue for economic losses because they were injured by a motorist not insured under the…”
Nasser v. Auto Club Ins. Ass'n, 457 N.W.2d 637 (Mich. 1990).
· cites it 2× “MCL 500.3110(4); MSA 24.13110(4). Allowable expenses [5] consist of "all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery, or rehabilitation.”
Manley v. Detroit Auto. Inter-Ins. Exch., 388 N.W.2d 216 (Mich. 1986).
· cites it 2× “) MCL 500.3110(4); MSA 24.13110(4) provides that PIP benefits "accrue not when the injury occurs but as the allowable expense .”
Faircloth v. Fam. Indep. Agency, 591 N.W.2d 314 (Mich. Ct. App. 1999).
· cites it 2× “§ 500.3110(3); MSA 24.13110(3). Given the Legislature's inclusion of language calling for consideration of vocational factors in other statutes, we can only conclude that the Legislature chose not to include similar statutory language in 1991 PA 111 , subsection 805(1)(b) and…”
Proudfoot v. State Farm Mut. Ins., 673 N.W.2d 739 (Mich. 2003).
“] MCL 500.3110(4) provides that “[p]ersonal protection insurance benefits payable for accidental bodily injury accrue not when the injury occurs but as the *484 allowable expense, work loss or survivors’ loss is incurred” (emphasis added).”
Gobler v. Auto-Owners Ins., 362 N.W.2d 881 (Mich. Ct. App. 1984).
· cites it 4× “The *774 benefits payable for survivors' loss in connection with the death of a person in a single 30-day period shall not exceed $1,000.”
— Mich. Comp. Laws § 500.3110(1) — 3 cases
— Mich. Comp. Laws § 500.3110(1)(a) — 3 cases
Miller v. State Farm Mut. Auto. Ins., 302 N.W.2d 537 (Mich. 1981).
“13112; and for prompt access to earnings records of an injured person in order to facilitate determination of the amount of benefits due, MCL 500.”
Gobler v. Auto-Owners Ins., 404 N.W.2d 199 (Mich. 1987).
“[6] As noted by the Court of Appeals, plaintiff's dependency within the meaning of the act was undisputed; she was conclusively presumed to be a dependent of the deceased pursuant to MCL 500.3110(1)(a); MSA 24.13110(1)(a). [7] The record reflects that the reason for defendant's…”
Gobler v. Auto-Owners Ins., 362 N.W.2d 881 (Mich. Ct. App. 1984).
“The *774 benefits payable for survivors' loss in connection with the death of a person in a single 30-day period shall not exceed $1,000.”
— Mich. Comp. Laws § 500.3110(1)(c) — 4 cases
— Mich. Comp. Laws § 500.3110(1X3) — 1 case
— Mich. Comp. Laws § 500.3110(2) — 6 cases
Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).
“A conclusive presumption that certain persons are dependents of the deceased injured party is created by MCL 500.3110; MSA 24.13110. Under this section, in cases where the presumption does not operate, dependency is determined according to the facts existing at the time of death.”
— Mich. Comp. Laws § 500.3110(3) — 4 cases
Faircloth v. Fam. Indep. Agency, 591 N.W.2d 314 (Mich. Ct. App. 1999).
“§ 500.3110(3); MSA 24.13110(3). Given the Legislature's inclusion of language calling for consideration of vocational factors in other statutes, we can only conclude that the Legislature chose not to include similar statutory language in 1991 PA 111 , subsection 805(1)(b) and…”
— Mich. Comp. Laws § 500.3110(4) — 47 cases
Johnson v. Recca, 821 N.W.2d 520 (Mich. 2012).
“3107 to MCL 500.3110] in excess of the daily, monthly, and 3-year limitations contained in those sections.”
Nasser v. Auto Club Ins. Ass'n, 457 N.W.2d 637 (Mich. 1990).
“MCL 500.3110(4); MSA 24.13110(4). Allowable expenses [5] consist of "all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery, or rehabilitation.”
Manley v. Detroit Auto. Inter-Ins. Exch., 388 N.W.2d 216 (Mich. 1986).
“) MCL 500.3110(4); MSA 24.13110(4) provides that PIP benefits "accrue not when the injury occurs but as the allowable expense .”
Gobler v. Auto-Owners Ins., 404 N.W.2d 199 (Mich. 1987).
“[6] As noted by the Court of Appeals, plaintiff's dependency within the meaning of the act was undisputed; she was conclusively presumed to be a dependent of the deceased pursuant to MCL 500.3110(1)(a); MSA 24.13110(1)(a). [7] The record reflects that the reason for defendant's…”
— Mich. Comp. Laws § 500.3110(i) — 1 case
Belcher v. Aetna Cas. & Sur. Co., 293 N.W.2d 594 (Mich. 1980).
“A conclusive presumption that certain persons are dependents of the deceased injured party is created by MCL 500.3110; MSA 24.13110. Under this section, in cases where the presumption does not operate, dependency is determined according to the facts existing at the time of death.”
— Mich. Comp. Laws § 500.3110(l)(a) — 4 cases
Gobler v. Auto-Owners Ins., 404 N.W.2d 199 (Mich. 1987).
“[6] As noted by the Court of Appeals, plaintiff's dependency within the meaning of the act was undisputed; she was conclusively presumed to be a dependent of the deceased pursuant to MCL 500.3110(1)(a); MSA 24.13110(1)(a). [7] The record reflects that the reason for defendant's…”
Gobler v. Auto-Owners Ins., 362 N.W.2d 881 (Mich. Ct. App. 1984).
“The *774 benefits payable for survivors' loss in connection with the death of a person in a single 30-day period shall not exceed $1,000.”
— Mich. Comp. Laws § 500.3110(l)(b) — 1 case
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