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GREAT LAKES INS. v. CITIZENS INS.

Docket No. 129231.

191 Mich. App. 589 (1991)

479 N.W.2d 20

GREAT LAKES AMERICAN LIFE INSURANCE COMPANY v. CITIZENS INSURANCE COMPANY

Michigan Court of Appeals.

Decided October 21, 1991, at 9:30 A.M.

Attorney(s) appearing for the Case

Hibbs, Welch & MacAlpine, P.C. (by John B. Farrell, Karen Russell, and Valentine J. Temrowski), for Great Lakes American Life Insurance Company.

Farr & Oosterhouse (by Paul E. Jensen), for Citizens Insurance Company.

Buchanan & Bos (by John C. Buchanan, Bradley K. Glazier, and William W. Decker, Jr.), for Cruz Paiz.

Amicus Curiae:

Butler, Durham & Svikis (by Jonathan W. Willoughby), for the Michigan Trial Lawyers Association.

Before: GRIBBS, P.J., and HOOD and GRIFFIN, JJ.

GRIFFIN, J.

This case raises the following important issue: Does § 3116 of the no-fault act, MCL 500.3116; MSA 24.13116, preclude a health or disability insurer who has paid no-fault personal protection insurance benefits (PIP) on behalf of its insured from enforcing its contractual subrogation rights to such no-fault PIP benefits against its insured's nonduplicative, third-party tort recovery?

We answer in the affirmative and hold that under those circumstances...

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