Auto Club Insurance v. Frederick & Herrud, Inc.

In this case, we are called upon to decide the primacy of insurance liability between plaintiff no-fault insurer and two different employee health benefit plans established by defendants pursuant to the Employee Retirement Insurance Security Act, 1 in which each contract with their insured contains unambiguous coordination-of-benefits (cob) clauses. Related questions are whether the erisa permits subrogation of claims, whether the issue was properly preserved for this Court’s review, and whether the existence of "stop-loss” insurance has any bearing on our determination of the first issue.

We…