FEDERAL KEMPER v. HEALTH INS.

Docket No. 74545, (Calendar No. 3).

424 Mich. 537 (1986)

383 N.W.2d 590

FEDERAL KEMPER INSURANCE COMPANY, INC v. HEALTH INSURANCE ADMINISTRATION, INC

Supreme Court of Michigan.

Decided March 28, 1986.


Attorney(s) appearing for the Case

Cholette, Perkins & Buchanan (by Robert J. Riley and Robert E. Attmore) for the plaintiff.

Fischer, Franklin, Ford, Simon & Hogg (by James E. Brenner and Arthur J. LeVasseur) for the defendant.

Amici Curiae:

Barris, Sott, Denn & Driker (by Stephen E. Glazek and Morley Witus) for Michigan Mutual Insurance Company, Amerisure Insurance Company, Frankenmuth Mutual Insurance Company, and Citizens Insurance Company of America.

Lawrence J. Day.


RILEY, J.

This case concerns a dispute between plaintiff no-fault insurance carrier and defendant health insurance carrier over which is liable for payment of a claimant's medical expenses resulting from injuries suffered in an automobile accident. Both policies contain coordinated benefits clauses, and each insurer claims that its coverage is secondary to the other. We are persuaded that to give effect to defendant's clause would defeat the Legislature's intent,...

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