Michigan Court of Appeals; Docket No. 119916; Published
Judges Murphy, Holbrook, and Maher; Unanimous; Per Curiam
Official Michigan Reporter Citation: 185 Mich App 472; 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 held that a coordinated no-fault insurer had priority liability to pay medical expenses in a situation where the health insurer had a total exclusion for auto-related injuries. The exclusion in the health plan stated: "Michigan no-fault exclusion: Benefits are not payable under this plan for injuries received in an accident involving a car or other motor vehicle." Referring to the Federal District Court opinion in Transamerica v Peerless Industries (Item No. 1194), the court held, "the exclusion clause of the Autodie policy validly excluded liability for medical expenses incurred by Mr. Lake from the motor vehicle accident in Michigan." Therefore, there was no other health insurance coverage with which the no-fault coverage could coordinate and, as a result, the no-fault coverage was primary. .
