United States District Court, Eastern District of Michigan, Southern Division; Docket No. 88-CV-74665-DT;
Opinion by Judge Bernard A. Friedman; Published
Official Federal Reporter Citation: 729 F Supp 1142; Link to Opinion 
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
Coordination with ERISA Plans [§3109a]
TOPICAL INDEXING:
Employee Retirement Income Security Act (ERISA – 29 USC Section 1001, et seq.)
CASE SUMMARY:
In this Opinion by Judge Friedman, the United States District Court held that an ERISA health insurance plan containing a total exclusion of coverage for any loss resulting from automobile accidents was not obligated to pay the medical expenses arising out of a motor vehicle accident, and that Allstate’s coordinated no-fault policy had the primary responsibility to pay the injured party's medical expenses.
In his decision, Judge Friedman relied upon the United States Sixth Circuit case of Liberty Mutual v Iron Workers Health Fund (Item No. 1291), which held that if the Michigan Supreme Court were to rule that an exclusion in an ERISA health insurance plan that totally excluded coverage for any automobile accident injury was unenforceable against the person insured under a coordinated no-fault policy, then such a state court ruling would be preempted by the federal ERISA statute.
Here, Allstate's coordinated no-fault policy was obligated to pay and §3109a of the Michigan No-Fault Statute was preempted where the policy contained a total exclusion, as distinguished from a competing coordination clause.
