BLUE CROSS & BLUE SHIELD OF MICH. v. INSURANCE COMM'R

Docket No. 59320, (Calendar No. 2).

403 Mich. 399 (1978)

270 N.W.2d 845

BLUE CROSS & BLUE SHIELD OF MICHIGAN v. INSURANCE COMMISSIONER

Supreme Court of Michigan.

Decided October 2, 1978.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Coey, P.C. (by Theodore W. Swift and David Vander Haagen), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harry G. Iwasko, Jr., Assistant Attorney General, for defendant.

Amici Curiae:

Keith B. Carlson for The Bendix Corporation.

George Heitler, General Counsel, for Blue Cross Association.

James R. Jackson for Ford Motor Company.

Clark, Klein, Winter, Parsons & Prewitt (by H. William Butler and L.A. Hynds) for Michigan Association of Osteopathic Physicians and Surgeons.

Honigman, Miller, Schwartz & Cohn (by Avern Cohn and Stephen Wasinger) for Michigan Hospital Association.

Miller, Klimist, Cohen, Martens & Sugerman, P.C. (by Bruce A. Miller and Duane F. Ice), for Michigan State AFL-CIO and Metropolitan Detroit AFL-CIO Council.

Kerr, Wattles & Russell (by A. Stewart Kerr, William A. Sankbeil, and John L. Shoemaker) for Michigan State Medical Society.

Howard Hassard, General Counsel, Marvin C. Reiter, and Butzel, Levin, Winston & Quint for National Association of Blue Shield Plans.

John A. Fillion, Jordan Rossen, and Edwin G. Fabre for UAW, International Union.


Decided October 2, 1978. Rehearing denied 405 Mich. 1001.

COLEMAN, J.

Blue Cross and Blue Shield of Michigan (BCBSM) is seeking a declaratory judgment defining the nature and extent of the State Insurance Commissioner's (Commissioner) regulatory powers over BCBSM as set forth by the Legislature in Public Acts 108 and 109 of 1939.1 No other relief has been requested.

After this case was briefed and argued, the Legislature...

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