Michigan Court of Appeals; Docket No. 74953; Published
Judges Danhof, T.M. Burns, and Megargle; Unanimous; Per Curiam
Official Michigan Reporter Citation: 137 Mich App 205; 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 relying upon the previous Court of Appeals opinion in item number 344, the Court held that a coordinated benefits provision in a policy of auto insurance covering the vehicle which plaintiff was driving at the time of his accident was primary and controlled plaintiff’s entitlement to no-fault benefits and, thus, the plaintiff was not permitted to collect under the uncoordinated benefit provisions of two other policies on automobiles in his household. The Court held that the coordinated benefits clause in the policy on the vehicle involved in the accident "lessened defendant's risks and accordingly lowered plaintiff's premium on the policy. If the Johnsons wish to obtain the coverage that they now seek, they easily could have obtained a policy for the [vehicle involved in the accident] which did not contain a coordinated benefits clause and paid the higher premium."