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NORTHERN GROUP SERVICES v. AUTO OWNERS INS. CO.

Nos. 86-1614, 86-1615, 86-1616.

833 F.2d 85 (1987)

NORTHERN GROUP SERVICES, INC., Masco Industries, Inc. Employees Benefit Plan for Hourly Employees of Forming Technology; Masco Industries, Inc. Employees Benefit Plan for Salaried Employees; Masco Industries, Inc. Self-Funded Employee Benefits Plans; and Highland Appliance Companies Medical Benefit Plan, Plaintiffs-Appellees, v. AUTO OWNERS INSURANCE COMPANY; Citizens Insurance Company of America; Michigan Mutual Insurance Company; and Allstate Insurance Company (86-1614), State Farm Mutual Automobile Insurance Company (86-1615), Auto Club Insurance Association (86-1616), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 13, 1987.

Rehearing and Rehearing Denied December 30, 1987.

Attorney(s) appearing for the Case

Stephen E. Glazek (argued), Barris, Sott, Denn & Driker, James L. Borin, Garan, Lucow, Miller, Seward, Cooper & Becker, P.C., Detroit, Mich., for defendant-appellant in No. 86-1614.

Michael Shpiece, Honigman, Miller, Schwartz, and Cohn, Detroit, Mich., Stephen Wasinger (argued), for plaintiffs-appellees.

John A. Ashton (argued), Draugelis, Ashton, Scully, Haynes, MacLean & Pollard, Plymouth, Mich., for defendant-appellant in No. 86-1615.

David J. Lanctot (argued), Dickinson, Brandt, Hanlon, Becker & Lanctot, Detroit, Mich., for defendant-appellant in No. 86-1616.

Before MERRITT and MARTIN, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 30, 1987.

MERRITT, Circuit Judge.

A group of automobile insurance companies challenge a ruling on summary judgment that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq., preempted the Michigan No-Fault Automobile Insurance Act, Mich.Comp.Laws § 500.3109a, to the extent that the Michigan law allows policy provisions which conflict with ERISA plans. ERISA...

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