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George v. Allstate Insurance Co.

Court of Appeals of Michigan

August 13, 2019

CHRISTINA GEORGE, Plaintiff-Appellant,
v.
ALLSTATE INSURANCE CO., Defendant-Appellee, and AZIZUR ULLAH, Defendant, and SHAJEDA SHARMIN, Defendant/Cross-Plaintiff, and UBER TECHNOLOGIES, INC., Defendant/Cross-Defendant

          Wayne Circuit Court LC No. 16-004953-NF

          Before: Letica, P.J., and M. J. Kelly and Boonstra, JJ.

          PER CURIAM.

         Plaintiff-appellant, Christina George, appeals by delayed leave granted[1] 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.

         I. BASIC FACTS

         George 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 ...

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