Transamerica Insurance Corp v American Republic Insurance Co; (COA-PUB, 12/20/1985; RB #910)

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Michigan Court of Appeals; Docket No. 80996; Published  
Judges Danhof, MacKenzie, and Banks; Unanimous; Per Curiam  
Official Michigan Reporter Citation: 149 Mich App 167; Link to Opinion alt   


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

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this unanimous per curiam Opinion, this panel of the Court of Appeals specifically affirmed the prior holding in Auto Club v Frederick & Herrud, Inc (Item No. 866), and held that where a no-fault insurance policy and a health insurance policy both contain coordination of benefit provisions, the health insurance policy is in a higher level of priority than the no-fault policy and thus must pay medical expenses on a primary basis.

[Author's Comment: The holding in this case was ultimately adopted by the Supreme Court in Federal Kemper v Health Insurance Administration (Item No. 897).]