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YERKOVICH v. AAA

Docket No. 112891, Calendar No. 4.

610 N.W.2d 542 (2000)

461 Mich. 732

Mary Jean YERKOVICH, Individually, and as Next Friend of Lisa Yerkovich, a Minor, Plaintiffs-Appellees, v. AAA, also known as ACIA, Defendant-Appellant, and Michigan United Food and Commercial Workers Unions and Food Employers Health and Welfare Fund, Jointly and Severally, Defendants-Appellees.

Supreme Court of Michigan.

Decided April 25, 2000.

Attorney(s) appearing for the Case

Fraser & McHugh, P.C. (by Stuart A. Fraser and Carrie L. Fuca), Mt. Clemens, MI, for plaintiff-appellee.

Lanctot, McCutcheon, Schoolmaster, Taylor & Hom (by Charles Trickey, III), Mt. Clemens, MI, and John A. Lydick, of counsel, Detroit, MI, for defendant-appellant.

Sachs, Waldman, O'Hare, Helveston, Bogas & McIntosh, P.C. (by I. Mark Steckloff and Reginald M. Turner, Jr.), Detroit, MI, for defendant-appellee.

Miller, Shpiece & Andrews, P.C. (by Wayne J. Miller and Michael R. Shpiece), Southfield, MI, amici curiae for Professors Miller and Shpiece.

Opinion

MICHAEL F. CAVANAGH, J.

The issues presented are: (1) whether the subrogation agreement between defendant fund and plaintiff Yerkovich entitled the fund to reimbursement from plaintiff for medical expenses and, if so, (2) whether plaintiff's no-fault insurer, defendant AAA, must refund plaintiff for that reimbursement. We hold that the subrogation clause did not confer upon the fund the right to be reimbursed out of plaintiff's third-party recovery...

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