Macomb County Circuit Court; Docket No. 85-2949-NO;
Judge Kenneth N. Sanborn; ____
Official Michigan Reporter Citation: ____; Link to Opinion
STATUTORY INDEXING:
When PIP Claims Through the Assigned Claims Facility May Be Reduced by Benefits from Other Sources [§3172(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Sanborn held that a health insurance company was not entitled to enforce its "coordination of benefits/escape clause” policy language thereby offsetting its obligation to pay health insurance benefits by amounts recovered by the patient from the assigned claims plan. The fact that plaintiff had not purchased a no-fault policy was not relevant. The health insurer must pay on a primary basis and the assigned claims no-fault insurer is entitled to reduce its obligation by benefits available from other sources [see §3172(2)].