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

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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Judge Stewart A. Newblatt; Written Opinion; Unpublished  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    


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

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


CASE SUMMARY:  
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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