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Addressing Andary, Again: Supreme Court Grants Leave, but Court of Appeals’ Decision Remains Binding for Now

Motor Vehicle Litigation / September 29, 2022

Last month, the Court of Appeals issued its long-anticipated decision in Andary, et al. v USAA Casualty Ins Co, ___ Mich App ___; ___ NW2d ___ (2022) (Docket No. 356487), regarding the application of fee schedules that were added to the No-Fault Act in 2019. 

In a 2-1, published decision, the Court of Appeals held that the fee schedules do not apply retroactively as a matter of legislative intent, and even if the amendment were clearly drafted to apply retroactively, the Contracts Clause of the Michigan Constitution would prohibit it. 

As expected, the decision was controversial, and the insurers promptly applied for leave to appeal to the Michigan Supreme Court. 

Today, the Supreme Court granted leave and placed Andaryon the March 2023 session calendar for argument and submission.

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