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The Goal of the Survivor’s Loss Provision: Maintaining the Level of Support Upon the Decedent’s Death

Motor Vehicle Litigation / July 10, 2019

In Rachel A. Slocum v Farm Bureau General Insurance Company of Michigan and United Services Automobile Association, the panel opined the goal of survivor’s loss benefits is to continue the level of support the survivor received from the deceased, not to merely maintain the finances of the support. Specifically addressing the issue of medical and dental insurance, dependents are entitled to the replacement cost of the new medical and dental coverage they received prior to the deceased’s death, rather than the monetary value of the prior premiums.

The No-Fault Act does not require the recipient of insurance disbursements to be the children’s biological parent. The benefit is payable to the surviving spouse of the deceased if the deceased’s dependent children are living with the spouse.

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