Opinion
Docket No. 77-1998.
Decided July 7, 1977.
Appeal from Wayne, Thomas Roumell, J. Submitted June 3, 1976, at Detroit. (Docket No. 77-1998.) Decided July 7, 1977.
Complaint by the Taylor Federation of Teachers against the Board of Education for the Taylor School District for the enforcement of certain disability provisions in a group health insurance policy issued to plaintiffs by the Great-West Life Assurance Company. The defendant board filed a third-party complaint against the insurer. Partial summary judgment for plaintiff. Defendant board of education appealed. Affirmed. In lieu of leave to appeal the Michigan Supreme Court remanded to the Court of Appeals for reconsideration in the light of a Federal decision, 400 Mich. 803 (1977). Affirmed in part, reversed in part and remanded.
Fieger, Golden Cousens, for plaintiff.
Debiasi Carrier, P.C., for defendant Taylor Board of Education.
Pursuant to an order of the Michigan Supreme Court, the original decision in this case, reported at 72 Mich. App. 304; 249 N.W.2d 399 (1976), lv granted, 400 Mich. 803 (1977), has been vacated and the case has been remanded to us for reconsideration in light of Gilbert v General Electric Co, 429 U.S. 125; 97 S Ct 401; 50 L Ed 2d 343 (1976). GCR 1963, 853.2(4).
The facts are related within the original opinion. We hereby incorporate by reference into this opinion that portion of the original opinion along with the discussion and holding relating to the first issue. 72 Mich App at 305-307.
We must now reconsider the second issue raised, that is, whether a clause in a bargained for disability insurance contract barring recovery for pregnancy related disability is void. We have been ordered by our Supreme Court to reconsider this issue in light of Gilbert. The instant case has been argued and briefed on the basis of Federal law. Plaintiff's authorities and support are totally Federal law. We accordingly limit our decision to an application of Federal law and find that Gilbert mandates a reversal of our original opinion as to the second issue. We make no comment as to whether the State of Michigan prohibits pregnancy related disability exemptions in bargained contracts. That decision is reserved for another case in which the arguments are presented.
The circuit court is affirmed in part and reversed in part. This case is remanded for proceedings consistent with this opinion. No costs, a public question being involved.
W. VAN VALKENBURG, J., not participating.