PHYSICIANS HEALTH PLAN v. CITIZENS INS. CO.

No. G86-1097 CA7.

673 F.Supp. 903 (1987)

PHYSICIANS HEALTH PLAN, INC., a Michigan non-profit corporation, Plaintiff, v. CITIZENS INSURANCE COMPANY OF AMERICA, State Farm Mutual Automobile Insurance Company, Auto Owners Insurance Company, Auto Club Insurance Association, and Allstate Insurance Company, Defendants, and State of Michigan, Intervening Defendant.

United States District Court, W.D. Michigan, S.D.

November 10, 1987.


Attorney(s) appearing for the Case

Charles L. Sweeris, Miller, Canfield, Paddock & Stone, Grand Rapids, Mich., for plaintiff.

John Coté, Willingham & Coté, East Lansing, Mich., for Citizens Ins. Co. and State Farm Mut. Ins. Co.

Terrance M. Lynch, Kohl, Secrest, Wardle, Lynch, Clark & Hampton, Farmington Hills, Mich., for Allstate Ins. Co. and Auto Owners Ins. Co.

David J. Lanctot, Brandt, Hanlon, Becker, Lanctot, McCutcheon, Martin & School-master, Detroit, Mich., for Auto Club Ins. Assoc.

Harry G. Iwasko, Jr., Office of the Attorney General, Frank J. Kelley, Lansing, Mich., for the State of Mich.


DECLARATORY JUDGMENT

BELL, District Judge.

This is an action primarily for declaratory and injunctive relief. The complaint calls into question the application of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461, and the Health Maintenance Organization Act of 1973, 42 U.S.C. §§ 300e to 300e-17, to insurance policies issued pursuant to the no-fault automobile insurance provisions of the Michigan Insurance Code.

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