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TRANSAMERICA INS. CO. v. PEERLESS INDUS. (MASCO)

No. G87-857-CA1.

698 F.Supp. 1350 (1988)

TRANSAMERICA INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. PEERLESS INDUSTRIES (MASCO); Viking Corporation Employee Benefit Plan; Taylor Building Products; Tinicum, Inc., Employee Benefit Plan; Pine Rest Christian Hospital; Sparatan Plastic Inc., Employee Benefit Plan; Northern Michigan Hospital, Lowell Engineering Corporation, and E.L. Nickell, Co., Inc., Defendants.

United States District Court, W.D. Michigan, S.D.

November 2, 1988.

Attorney(s) appearing for the Case

Jonathon S. Damon, Jennie Boldish Bryan, Grand Rapids, Mich., for plaintiff.

Richard R. Hyde, Grand Rapids, Mich., for all defendants except E.L. Nickell.

Myra Willis, Kalamazoo, Mich., for defendant E.L. Nickell.

OPINION

ROBERT HOLMES BELL, District Judge.

Before this Court are cross motions for summary judgment on the plaintiff's claim. The plaintiff is a no-fault automobile insurer that paid personal protection benefits to its insureds for injuries which they received in automobile accidents. The plaintiff's insureds were also members of the several defendant employee benefit plans. The no-fault auto insurance policies contained coordination of benefits (COB) provisions...

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