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Breaking News! No-Fault Fee Schedules, Limitations on In-Home Attendant Care Held Constitutional

Motor Vehicle Litigation / November 16, 2020

In Andary, et al. v USAA Casualty Ins Co, Ingham County Circuit Court Case No. 19-378-CA (November 13, 2020), Judge Wanda Stokes rejected the Plaintiffs’ claim that certain amendments to the No-Fault Act were unconstitutional.

The challenged amendments relate to “limitations in family provided attendant care services rendered by family-members and limitations on no-fault insurers’ obligation to reimburse rehabilitation centers’ and other care providers’ expenses rendered for the care, recovery, or rehabilitation of motor vehicle accident victims by adopting fee schedules.” Id. at 3.

The Andary Plaintiffs claimed that these amendments violated the Michigan Constitution’s substantive due process, equal protection, and contract clauses.

The Circuit Court found that the 2019 amendments were a valid exercise of the Legislature’s prerogative to limit “costs and fraud in the no-fault system to make insurance more affordable,” noting that “such cost containment measures have been upheld” by the Michigan Supreme Court. Id. at 23.

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