Muskegon County Circuit Court; Docket No. 90-25850-CK;
Judge James M. Graves, Jr.; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
Health Insurance Liens Regarding Auto Tort Claims [§3116]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion by Judge Graves, the court granted summary disposition against a health insurer, which sought to obtain reimbursement under its contractual subrogation policy language, which Great Lakes contended permitted it to obtain reimbursement of medical expenses out of any tort recovery obtained by the injured person from third parties.
In reliance upon the decision of Judge David Soet (Item No. 1458), Judge Graves held that the decision in Federal Kemper v Health Insurance, 424 Mich 537 (1986), clearly holds that when a no-fault auto insurer issues a policy with a coordination of benefits clause, the health insurance carrier is primarily liable for payment of the insured's medical expenses. The health insurer cannot by contract "effectively thrust the primary liability upon the no-fault insurer and contractually nullify §3109a as well as the Kemper holding." The court rejected the argument that Foremost v Waters, 415 Mich 303 (1982), supported the subrogation rights of the health insurer and held that the decision in Federal Kemper impliedly overruled Foremost on this issue.