Michigan Court of Appeals; Docket No. 80996; Published
Judges Danhof, MacKenzie, and Banks; Unanimous; Per Curiam
Official Michigan Reporter Citation: 149 Mich App 167; 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, this panel of the Court of Appeals specifically affirmed the prior holding in Auto Club v Frederick & Herrud, Inc (Item No. 866), and held that where a no-fault insurance policy and a health insurance policy both contain coordination of benefit provisions, the health insurance policy is in a higher level of priority than the no-fault policy and thus must pay medical expenses on a primary basis.
[Author's Comment: The holding in this case was ultimately adopted by the Supreme Court in Federal Kemper v Health Insurance Administration (Item No. 897).]