Auto-Club Insurance Association v American Community Mutual Insurance Company; (COA-UNP, 10/31/1988; RB #1188)

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Michigan Court of Appeals; Docket No. 97637; Unpublished  
Judges McDonald, Kelly, and Lavoy; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:    
Coordination with Other Health and Accident Medical Insurance [§3109a]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
This per curiam Opinion is another coordination of benefits decision by the Court of Appeals holding that a health insurer cannot limit its liability to a nominal amount when the insured's injury would otherwise be covered by a no-fault automobile insurance policy. At the time of the injury in question, the insured was covered by both a no-fault coordinated automobile policy and a health insurance policy limiting the health insurer's liability to $300 if the expenses are otherwise covered by no-fault. In holding the health insurer liable for all of plaintiffs medical expenses, the Court relied on the Supreme Court's opinion in Federal Kemper v Health Insurance Administration (Item No. 868) and the Court of Appeals decision in Michigan Mutual v American Community (Item No. 1102).