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Johnston v Lincoln Mutual Casualty Company; (COA-UNP, 5/20/1993; RB #1616)


Michigan Court of Appeals; Docket No. 13497S; Unpublished  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 alt     

Coordination with Other Health and Accident Medical Insurance [§3109a]  
Coordination with ERISA Plans [§3109a]

Employee Retirement Income Security Act (ERISA – 29 USC Section 1001, et seq.)    

In this unanimous unpublished per curiam Opinion, the Court of Appeals relied upon the earlier decisions in Auto Club Insurance Association v Frederick & Herrud, Inc (Item No. 1509) and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.  

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