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Trustees of the Central States, et al Auto Club Insurance Association; (USD-UNP, 10/22/1987; RB #1091)


United States District, Eastern District of Michigan, Southern Division; Docket No. 86-CV-40422-FL  
Judge Stewart A. Newblatt; Written Opinion; Unpublished  
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.)   

The holding in this written opinion by Judge Newblatt has been specifically repudiated by the United States Sixth Circuit Court of Appeals holding in Northern Group Services v Auto Owners (Item No. 1090) summarized above. Judge Newblatt concluded that coordinated benefit no-fault policies written under §3109a of the no-fault statute were preempted by ERISA health insurance plans and thus, such no-fault coordinated policies were primary in the face of a coordinated ERISA plan. The Northern Group Services case squarely rejects that conclusion. Therefore, this opinion is, of little value.

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