HLD, v. 29, n. 8 (August 2001)
Supreme Court Denies Review of Sixth Circuit's Decision That No-Fault Statute
Is Not Pre-Empted by ERISA
The U.S. Supreme Court denied review of a Sixth Circuit
decision that Michigan's no-fault automobile insurance statute that rendered
the health insurer primarily liable when there was a priority dispute between
the no-fault insurer and the health insurer is not pre-empted by the Employee
Retirement Income Security Act ("ERISA"). The Sixth Circuit's opinion makes the
health insurer primarily liable for an insured's medical expenses arising from
an automobile accident. The Sixth Circuit's opinion was published at 238 F.3d
743 (6th Cir. Jan. 4, 2001).
American Med. Sec., Inc. v. AAA Mich., No. 00-1535, cert.
denied, 69 U.S.L.W. 3753 (U.S. June 5, 2001).