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Court of Appeals Reverses Denial of No-Fault Insurer’s Motion for Summary Disposition in Coordination of Benefits Case

 / August 24, 2023

In a case involving a coordination of benefits dispute under MCL 500.3109a, the Michigan Court of Appeals reversed the trial court’s denial of summary disposition to the Defendant (a no-fault insurer) finding that Plaintiff failed to present evidence that (1) the auto-insurance policy was not properly coordinated with his health insurance plan, and (2) that Plaintiff’s health insurance plan was a self-funded ERISA plan. Once the Defendant provided sufficient evidence to show that Plaintiff’s no‑fault policy was properly coordinated and that Plaintiff’s health insurance policy was not a self-funded ERISA plan, Plaintiff was required to present documentation and evidence beyond self-testimony to meet the burden of establishing a genuine issue of material fact for trial.

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