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eBook details

• Title: Auto Club Insurance Association v.
• Author : Supreme Court of Michigan
• Release Date : January 31, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

In this case, we are called upon to decide the primacy of insurance liability between plaintiff no-fault insurer and two different
employee health benefit plans established by defendants pursuant to the Employee Retirement Insurance Security Act, 1 in
which each contract with their insured contains unambiguous coordination-of-benefits (COB) clauses. Related questions are
whether the ERISA permits subrogation of claims, whether the issue was properly preserved for this Court's review, and whether
the existence of "stop-loss" insurance has any bearing on our determination of the first issue. We hold that subrogation of claims is permitted under the ERISA. We also conclude that the ERISA issues were preserved for
this Court's review. In addition, we find that the COB clause in an ERISA plan must be given its plain meaning despite the
existence of a similar clause in a no-fault insurance policy as a matter of federal common law. Finally, we conclude that
the existence of stop-loss insurance is irrelevant to the issue of preemption under the facts of these cases. Thus, we affirm
the opinions of the Court of Appeals.

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