Legal Opinion

Transamerica Insurance Co. of America v. IBA Health & Life Assurance Co.

Michigan Court of Appeals

Decided July 8, 1991No. Docket 126885PublishedCited by 7 opinions

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

  1. Raska v. Farm Bureau Mutual InsuranceMichigan Supreme Court · 1982
  2. Federal Kemper Insurance v. Health Insurance Administration, Inc.Michigan Supreme Court · 1986
  3. Michigan Mutual Insurance v. American Community Mutual InsuranceMichigan Court of Appeals · 1987
  4. Transamerica Insurance Co. of North America v. Peerless Industries (MASCO)District Court, W.D. Michigan · 1988
  5. Benike v. Scarborough Insurance TrustMichigan Court of Appeals · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Auto Club Insurance v. Frederick & Herrud, Inc.Michigan Supreme Court · 1993
  2. Smith v. Physicians Health Plan, IncMichigan Supreme Court · 1994
  3. Progressive Michigan Insurance v. United Wisconsin Life InsuranceDistrict Court, E.D. Michigan · 2000
  4. Wolverine Mutual Insurance v. Rospatch Corp. Employee Benefit PlanMichigan Court of Appeals · 1992
  5. Smith v. Physicians Health Plan, IncMichigan Supreme Court · 1994

2 more not listed; retrieve them via the Exa API.

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