Michigan Court of Appeals; Docket No. 13497S; Unpublished
Judges Holbrook, MacKenzie, and Sawyer; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
In this unanimous unpublished per curiam Opinion, the Court of Appeals relied upon the earlier decisions in Auto Club Insurance Association v Frederick & Herrud, Inc (Item No. 1509) and Wolverine Mutual Insurance Company v Rospatch Corp Employee Benefit Plan (Item No. 1559), both of which held that the preemption clause contained in ERISA [29 USC §1144(a)] preempts the coordination of benefits rules under the Michigan No-Fault Act where the health benefits provider is a self-funded employee welfare benefit plan administered pursuant to ERISA. Because this plan is such a provider, the coordinated no-fault policy was primary and the claims against the self-funded ERISA plan were properly dismissed.