Copus v. Meemic Insurance
291 Mich. App. 593
| Mich. Ct. App. | 2011Background
- Plaintiff, a special education teacher, seeks wage-loss benefits under no-fault Act after a serious auto accident.
- MCL 500.3107(l)(b) defines work loss as loss of income from work the injured person would have performed if not injured.
- Maximum monthly wage-loss payment began as $1,000 in 1973 and is now indexed to $4,713.
- Plaintiff elected 26 biweekly installments; her annual salary is $63,895.
- Trial court computed benefits by taking yearly salary minus 15% and dividing by 12 months, yielding $4,525.90/month.
- Defendant proposed a per-day calculation based on 183 contract workdays, producing substantially different monthly figures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper method to compute wage-loss under MCL 500.3107(l)(b) | Plaintiff argues annual salary minus 15% divided by 12 is correct. | Defendant urges per-contract-workdays method, distributing daily loss over periods. | Court adopts trial court method; salary-based calculation permitted; per-day method rejected. |
Key Cases Cited
- Maiden v Rozwood, 461 Mich 109 (1999) (de novo review for summary disposition; statutory interpretation)
- People v Swafford, 483 Mich 1 (2009) (statutory interpretation standard)
- Gobler v Auto-Owners Ins Co, 428 Mich 51 (1987) (remedial construction of no-fault act)
- Ouellette v Kenealy, 141 Mich App 562 (1984) (no-fault benefits do not cover summer losses absent actual work)
- Title Office, Inc v Van Buren Co Treasurer, 469 Mich 516 (2004) (no-fault remedial construction; legislative intent)