ACIA v. FREDERICK & HERRUD, INC.

Docket Nos. 93816, 93925, (Calendar Nos. 7-8).

443 Mich. 358 (1993)

505 N.W.2d 820

AUTO CLUB INSURANCE ASSOCIATION v. FREDERICK & HERRUD, INC. AUTO CLUB INSURANCE ASSOCIATION v. PENTWATER WIRE PRODUCTS, INC

Supreme Court of Michigan.

Decided August 31, 1993.


Attorney(s) appearing for the Case

John Wesley Kline (Nancy L. Bosh, of counsel), for the plaintiff in Frederick & Herrud, Inc.

Brandt, Hanlon, Becker, Lanctot, McCutcheon, Schoolmaster & Taylor (by David J. Lanctot); Gross & Nemeth, of counsel (by Paul L. Kaliszewski, James G. Gross, and Mary T. Nemeth), for the plaintiff in Pentwater Wire Products, Inc.

Finkel, Whitefield & Selik, P.C. (by Bradley T. Raymond), for defendant Frederick & Herrud, Inc.

Honigman, Miller, Schwartz & Cohen (by Stephen Wasinger and John Eggertsen) for defendant Pentwater Wire Products, Inc.


AFTER REMAND

RILEY, J.

In this case, we are called upon to decide the primacy of insurance liability between plaintiff no-fault insurer and two different employee health benefit plans established by defendants pursuant to the Employee Retirement Insurance Security Act,1 in which each contract with their insured contains unambiguous coordination-of-benefits (COB) clauses. Related questions are whether the ERISA permits subrogation...

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