Federal Kemper Insurance v. Health Insurance Administration, Inc.

This case 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. Both policies contain coordinated benefits clauses, and each insurer claims that its coverage is secondary to the other. We are persuaded that to give effect to defendant’s clause would defeat the Legislature’s intent, expressed in § 3109a of the no-fault act, 1 to allow insureds the option of coordinating their medical benefits. Thus, we hold that defendant…