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Do the 2019 Amendments to the Michigan No-Fault Act Apply Retroactively? Court of Appeals Says No

Motor Vehicle Litigation / August 25, 2022

The Court of Appeals’ published decision in Andary, et al. v USAA Casualty Ins Co et al., ___ Mich App ___ ; ___ NW2d ___ (2022) is a long-anticipated decision which will bear significant ramifications for insurers. 

The Court of Appeals held that the 2019 amendments to the Michigan No Fault Act do not apply retroactively to claims arising from motor vehicle accidents which occurred prior to June 11, 2019. 

Per the Court of Appeals’ holding in Andary, if an individual sustained injury in a motor vehicle accident prior to June 11, 2019 (or prior to July 1, 2021 with respect to the provider fee schedules), MCL 500.3157(7) and MCL 500.3157(10) may not be applied to limit such individual’s no-fault benefits.

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