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KARMOL v. ENCOMPASS PROP. AND CAS. CO.

Docket No. 298366.

809 N.W.2d 631 (2011)

293 Mich. App. 382

KARMOL v. ENCOMPASS PROPERTY AND CASUALTY COMPANY.

Court of Appeals of Michigan.

Decided July 26, 2011, at 9:05 a.m.

Attorney(s) appearing for the Case

Patrick R. Millican for Kristine K. Karmol and Justin Durand.

Vandeveer Garzia, P.C. (by Donald C. Brownell , Troy, and Bryan R. Padgett ), for Encompass Property and Casualty Company.

Before: TALBOT, P.J., and HOEKSTRA and GLEICHER, JJ.

GLEICHER, J.

When Justin Durand, a minor, suffered serious injuries in a car accident, both an Employee Retirement Insurance Security Act (ERISA), 29 USC 1001 et seq., health benefit plan and a Michigan no-fault insurer bore responsibility for paying his medical expenses. The ERISA plan paid Justin's medical bills for one year before filing a lawsuit against the no-fault insurer seeking reimbursement. Eventually, the no-fault insurer agreed to shoulder liability...

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