Kent County Circuit Court; Docket No. 89-64911-CK;
Judge David Soet; Unpublished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 important written Opinion, Judge Soet held that Great Lakes, a health insurer who paid the injured person's medical bills, was not entitled to reimbursement of those medical expenses from the injured person's residual liability (tort recovery) claim. The court held that a contrary holding would create a "constitutionally defective distinction between injured persons who would have to reimburse health insurance carriers for medical expenses under subrogation clauses, and those who could recover and keep their full and just award." The court held that the Foremost Life Insurance Company v Waters, 415 Mich 303 (1982), decision did not entitle the health insurer to recovery because that decision had been overruled by implication in the decision of the Supreme Court in Federal Kemper.
