Legal Opinion

Auto Owners Insurance Company, a Michigan Insurance Corporation v. Thorn Apple Valley, Inc.

Court of Appeals for the Sixth Circuit

Decided September 26, 1994No. 93-1606PublishedCited by 53 opinions

1Opinion of the Court

ALAN E. NORRIS, Circuit Judge.

This narrowly focused appeal presents a question of federal common law that stems from a dispute between two insurers, one of which qualifies as an employee welfare benefit plan under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461. At issue is the extent to which conflicting coordination of benefits (“COB”) clauses affect the relative liability of the parties.

I

Plaintiff, Auto Owners Insurance Company (“Auto Owners”), is a Michigan insurance carrier that issues no-fault automobile insurance policies as part of its business.…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  3. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  4. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  5. FMC Corp. v. HollidaySupreme Court of the United States · 1990

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

3Cited by53 opinions

  1. Longaberger Co. v. KoltCourt of Appeals for the Sixth Circuit · 2009
  2. Regents of the University of Michigan v. Employees of Agency Rent-A-Car Hospital Association and Agency Rent-A-Car Employees Health Care PlanCourt of Appeals for the Sixth Circuit · 1997
  3. Maureen Mcgurl v. Trucking Employees Of North Jersey Welfare Fund, Inc.Court of Appeals for the Third Circuit · 1997
  4. Citizens Insurance Company of America v. Midmichigan Health Connectcare Network PlanCourt of Appeals for the Sixth Circuit · 2006
  5. Girl Scouts of Middle Tennessee, Inc. v. Girl Scouts of the U.S.A.Court of Appeals for the Sixth Circuit · 2014

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

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