Bagley v. State Farm Mutual

Full title: BAGLEY v STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Court: Michigan Court of Appeals

Date published: Aug 22, 1980

101 Mich. App. 733 (Mich. Ct. App. 1980)

300 N.W.2d 322

Opinion

Docket No. 46760.

Decided August 22, 1980.

Rock, Roberge, Hennings Coburn, for plaintiff.

Eggenberger, Eggenberger, McKinney Weber, P.C., for defendant.

Before: N.J. KAUFMAN, P.J., and CYNAR and J.E. TOWNSEND,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Plaintiff appeals from a circuit court opinion of July 10, 1979, and order of August 2, 1979, which granted summary judgment in favor of defendant in plaintiff's declaratory judgment action. The issue raised on appeal was whether the Legislature intended that § 3109(1) of the Michigan no-fault insurance act, MCL 500.3109(1); MSA 24.13109(1), apply to medical and disability benefits which the plaintiff received from the Army and Veterans' Administration as a result of the automobile accident. We find that the Legislature clearly intended the section to apply to such benefits. O'Donnell v State Farm Mutual Automobile Ins Co, 404 Mich. 524; 273 N.W.2d 829 (1979), Beaver v Auto-Owners Ins Co, Inc, 93 Mich. App. 399; 286 N.W.2d 884 (1979).

Affirmed.