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AUTO-OWNERS INS. CO. v. THORN APPLE VALLEY

No. 1:92-CV-583.

818 F.Supp. 1078 (1993)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. THORN APPLE VALLEY and Chris L. Shattuck, Defendants.

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

April 13, 1993.

Attorney(s) appearing for the Case

John P. Seyfried, Garan, Lucow, Miller, Seward, Cooper & Becker, Port Huron, MI, for plaintiff.

Bradley T. Raymond, Finkel, Whitefield & Selik, PC, Farmington Hills, MI, for defendants.

OPINION

ROBERT HOLMES BELL, District Judge.

In this ERISA1 case involving a sponsor of a self-funded employee welfare benefit plan and a Michigan no-fault insurer, two conflicting "other insurance" or coordination of benefits provisions are presented. The question — which appears to be one of first impression in this Circuit — is which party, under federal common law, is primarily liable for coverage of a...

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