Michigan Court of Appeals; Docket No. 171352; Unpublished
Judges O'Connell, Hood, and Horn; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
Duplicate Recovery [§3109a]
TOPICAL INDEXING:
Coordination of Benefits Act (MCL 550.251, et seq.)
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals reversed the trial court on the basis of the Supreme Court's opinion in Smith v PHP (Item No. 1686) and held that plaintiff Blue Care Network was legally entitled to enforce a coordination of benefits clause in its health plan, where defendant had recovered all medical expenses under an uncoordinated no-fault policy. However, the Court of Appeals refused to grant summary disposition in favor of plaintiff Blue Care Network because defendants had raised numerous affirmative defenses which are factually based and require further consideration by the trial court, thereby not entitling plaintiff to summary disposition.