U. S. FID. & GUAR. CO. v. GHP

Docket No. 66396.

131 Mich. App. 268 (1983)

345 N.W.2d 683

UNITED STATES FIDELITY & GUARANTY COMPANY v. GROUP HEALTH PLAN OF SOUTHEAST MICHIGAN

Michigan Court of Appeals.

Decided December 20, 1983.


Attorney(s) appearing for the Case

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by Edward D. Plato and Lanie Anderson), for plaintiff.

Kerr, Russell & Weber (by Curtis J. DeRoo and Anthony S. Kogut), for defendant.

Amicus Curiae:

Lewis, White & Clay (by C. Jaye Berger), for the Association of Health Maintenance Organizations of Michigan.

Before: D.F. WALSH, P.J., and BEASLEY and D.L. SULLIVAN, JJ.


PER CURIAM.

On August 19, 1982, the trial court issued a declaratory judgment holding each party 50% liable for medical expenses in the present case. Both parties appeal as of right.

On November 3, 1979, Joseph, Madeline, and Marie White were injured in a car accident. At the time, Joseph White had no-fault insurance from plaintiff. This policy provides:

"This insurance does not apply to the extent that any amounts are paid or payable for allowable...

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