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Burton v DAIIE; (COA-UNP, 3/4/1987; RB #1027)

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Michigan Court of Appeals; Docket No. 85727; Unpublished  
Judges Maher, Shepherd, and Allen; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:  
Coordination with Other Health and Accident Medical Insurance [§3109a]  
General Rule of Priority [§3114(1)]

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals held that plaintiff-wife who was injured while a passenger in a non-household vehicle and who drew her medical insurance through her employer, was prohibited from "double dipping" on medical expenses under a no-fault policy designating her as the principal driver where that policy had a coordinated benefits clause. Plaintiff sought to avoid the coordination clause under her policy by claiming benefits under another policy issued by the same insurer which did not include coordination of benefits and which listed plaintiff’s husband as the principal driver. The trial court held that plaintiff was entitled only to "coordinated" no-fault coverages under the policy listing her as the principal driver. The Court of Appeals affirmed.


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