Michigan Court of Appeals; Docket No. 108604; Unpublished
Judges Doctoroff, McDonald, and Jansen; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
In this unanimous per curiam Opinion, the Court of Appeals reversed a trial court decision in yet another coordination of benefits claim involving an ERISA health insurance plan. In holding that the trial court erred in failing to find the no-fault insurance coverage provided by Farmers to be secondary to the health insurance policy, the Court of Appeals emphasized that the decision in Northern Group Services (Item No. 1090) was applicable, and had not been repudiated by the recent Supreme Court decision in Liberty Mutual Insurance Group v Iron Workers Health Fund of Eastern Michigan (Item No. 1291).
Since Iron Workers, supra, involved a total exclusionary clause rather than conflicting coordination clauses, the decision in Northern Group Services, supra, is applicable to the present case, and Farmers Insurance coverage under the No-Fault Act was secondary to the health insurance coverage involved.