Booth v. Auto-Owners Insurance

White, J.

(concurring). I agree that the trial court erred in concluding that no expenses had been incurred as a matter of law.

I also agree that under Morgan v Citizens Ins Co of America, 432 Mich 640; 442 NW2d 626 (1989), defendant cannot, under § 3109(1), MCL 500.3109(1); MSA 24.13109(1), obtain a setoff for compensable services plaintiff could have obtained from an outside provider if those services are not duplicative of the services provided by her parents, because of differences in quality or service.

Lastly, I agree that this case is governed by § 3109(1) (benefits provided or required to be provided under the laws of any state or the federal government) and not § 3109a (other health and accident coverage), MCL 500.3109a; MSA 24.13109(1). See Profit v Citizens Ins Co of America, 444 Mich 281, 288-300; 506 NW2d 514 (1993) (Boyle, J., concurring in part and dissenting in part).