Michigan Court of Appeals; Docket No. 121403; Unpublished
Judges Cynar, Weaver, and Griffin; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
Equal Priority Situations [§3114(6)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that where two no-fault insurers are in an equal line of priority, and one is coordinated and the other is non-coordinated, the non-coordinated coverage must pay on a primary basis as it is considered to be "other health and accident coverage" within the meaning of §3109a, and thus, must pay before the coordinated coverage. The court based its decision on the prior holding in Auto Owners v Farm Bureau (Item No. 1164).
[Author's Comment: The holding in this case is no longer good law, as it was rejected by the Supreme Court several weeks later in Department of Social Services v American Commercial (Item No. 1382).]