Auto-Owners Insurance v. Corduroy Rubber Co.

The Michigan Supreme Court has vacated our earlier opinion in this case and remanded for reconsideration in light of Teper v Park West Galleries, Inc, 431 Mich 202; 427 NW2d 535 (1988). See 431 Mich 907 (1988).

This case concerns whether the federal Employee Retirement Income Security Act, 29 USC 1001 et seq., precludes application of our no-fault coordination-of-benefits law, MCL 500.3109a; MSA 24.13109(1). Specifically at issue is whether the Vanderwals’ no-fault insurer can look to Mr. Vanderwal’s health plan, a self-insured plan of his employer governed by erisa, to assume primary…