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JOHN HANCOCK PROPERTY AND CAS. INS. CO. v. BLUE CROSS & BLUE SHIELD OF MICHIGAN

Docket Nos. 87342, 89534, (Calendar Nos. 11-12).

437 Mich. 368 (1991)

471 N.W.2d 541

JOHN HANCOCK PROPERTY AND CASUALTY INSURANCE COMPANIES v. BLUE CROSS & BLUE SHIELD OF MICHIGAN EMPLOYERS MUTUAL INSURANCE COMPANIES v. AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY.

Supreme Court of Michigan.

Decided June 24, 1991.

Attorney(s) appearing for the Case

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by John P. Seyfried and Daniel S. Saylor), for the plaintiff in Hancock.

James Howard Turner for the plaintiff in Employers Mutual.

Foster, Swift, Collins & Smith, P.C. (by Brian A. Kaser and Theodore W. Swift), for the defendant in Hancock.

Miller, Canfield, Paddock & Stone (by Kevin J. Moody, Clifford T. Flood and Lawrence D. Owen) for the defendant in Employers Mutual.

Amicus Curiae:

Honigman, Miller, Schwartz & Cohn (by John D. Pirich and Timothy Sawyer Knowlton) for the Health Insurance Association of America.

ON RECONSIDERATION

LEVIN, J.

In Federal Kemper Ins Co, Inc v Health Ins Administration, Inc, 424 Mich. 537; 383 N.W.2d 590 (1986), this Court held that where a person incurs medical expense as a result of an automobile accident and is covered by both automobile no-fault insurance and basic, comprehensive health insurance, the health...

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