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George v. Allstate Insurance Co.
Court of Appeals of Michigan
August 13, 2019
CHRISTINA GEORGE, Plaintiff-Appellant,
ALLSTATE INSURANCE CO., Defendant-Appellee, and AZIZUR ULLAH, Defendant, and SHAJEDA SHARMIN, Defendant/Cross-Plaintiff, and UBER TECHNOLOGIES, INC., Defendant/Cross-Defendant
Circuit Court LC No. 16-004953-NF
Before: Letica, P.J., and M. J. Kelly and Boonstra, JJ.
Christina George, appeals by delayed leave
granted the trial court order granting
defendant-appellee, Allstate Insurance Co, partial summary
disposition under MCR 2.116(C)(10). For the reasons stated in
this opinion, we reverse and remand.
was injured in a motor-vehicle crash, but she did not have a
policy of no-fault insurance available to her in her
household. Accordingly, she filed a claim for no-fault
personal protection insurance (PIP) benefits through the
assigned claims plan, which assigned her claim to Allstate.
George also had health insurance and wage disability
insurance under a self-funded plan organized under the
Employee Retirement Income Security Act (ERISA), 29 USC 1001
et seq. The ERISA plan, which is administered by
Aetna Life Insurance Company, provides in relevant part:
NON-DUPLICATION OF BENEFITS
If you and your spouse or domestic partner both work, your
family may be covered by more than one group health plan. The
Plan coordinates its payments with the payments you may
receive from other group insurance plans under which you or
your dependents are covered. The following types of plans are
coordinated with your Plan coverage:
• Motor vehicle insurance (your own or any other
responsible party's) . . . .
HOW TO DETERMINE WHICH PLAN IS PRIMARY
In general, the Plan will be considered primary for:
• Employees . . . .
The Other Plan is Automatically Primary
Any other plan will be primary if it:
• Does not have a coordination of benefits or
non-duplication of ...