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Foster v Farmers Insurance Exchange; (JDC-UNP, 4/9/1984; RB # 752)

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46th District Court; Docket No. GC-84-0080; Unpublished  
Judge Jessica R. Cooper, Bench Opinion  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
In this opinion from the bench, Judge Cooper ruled that defendant insurer was not entitled to accelerated judgment under the one year back rule contained in §3145 where the insurer received plaintiff’s medical bills within one year of the accident, wrote a letter to plaintiff’s attorney stating that the bills would remain "pending" until the insurer received documentation as to which bills were paid by other health carriers pursuant to a coordinated benefits provision, and then did nothing to ascertain which bills had in fact been paid by other collateral sources. Judge Cooper held that once the insurer receives the bills under such a coordinated benefits policy, "the burden rests upon the insurance company" to establish what amounts are payable.


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