Michigan Court of Appeals; Docket No. 107100; Unpublished
Judges MacKenzie, Weaver, and Quinnell; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals determined that a non-coordinated policy written by American Commercial Liability was responsible for payment of no-fault benefits where two other no-fault insurance policies applicable to the claim were "coordinated" policies.
The insured incurred medical expenses as a consequence of a motorcycle accident. The insured was a relative domiciled in the household of his aunt who had three separate no-fault insurance policies applicable to the claim. However, two of the insurance policies were coordinated medical benefits policies, pursuant to §3109a. The third policy, written by American Commercial, was a non-coordinated policy. In ruling that American Commercial was responsible for payment of the subrogation claim of the Department of Social Services, the court relied upon the previous decision in Auto-Owners v Farm Bureau (Item No. 1164). That case held that where there were two applicable no-fault policies, the policy with a coordination of benefits provision was "excess coverage" over equal priority no-fault coverage without such a clause. Here, the Court of Appeals held that by operation of the coordination of benefits clauses, the other two insurance policies were secondary to American Commercial's primary coverage.