Transamerica Insurance Co. of America v. IBA Health & Life Assurance Co.
Michigan Court of Appeals
1Opinion of the CourtFitzgerald, J.
This case of first impression concerns a dispute between plaintiff no-fault insurance carrier and defendant health insurance carrier over which is liable for payment of a claimant’s medical expenses resulting from injuries suffered in an automobile accident. We are asked to determine whether a clause contained in defendant’s health insurance policy, which limits benefits for injuries arising from an automobile accident, regardless of other insurance coverage, to $5,000, is an invalid escape clause. We are persuaded that defendant’s clause is a valid exclusionary clause that is not contrary to…
2Cases cited6 opinions
- Raska v. Farm Bureau Mutual InsuranceMichigan Supreme Court · 1982
- Federal Kemper Insurance v. Health Insurance Administration, Inc.Michigan Supreme Court · 1986
- Michigan Mutual Insurance v. American Community Mutual InsuranceMichigan Court of Appeals · 1987
- Transamerica Insurance Co. of North America v. Peerless Industries (MASCO)District Court, W.D. Michigan · 1988
- Benike v. Scarborough Insurance TrustMichigan Court of Appeals · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Auto Club Insurance v. Frederick & Herrud, Inc.Michigan Supreme Court · 1993
- Smith v. Physicians Health Plan, IncMichigan Supreme Court · 1994
- Progressive Michigan Insurance v. United Wisconsin Life InsuranceDistrict Court, E.D. Michigan · 2000
- Wolverine Mutual Insurance v. Rospatch Corp. Employee Benefit PlanMichigan Court of Appeals · 1992
- Smith v. Physicians Health Plan, IncMichigan Supreme Court · 1994
2 more not listed; retrieve them via the Exa API.