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“I Know My Rights” – Preliminary Injunction Affirmed for Payment of Pre-No-Fault Reform Attendant Care Benefits

Motor Vehicle Litigation / May 17, 2023

Buller v Titan Ins Co, unpublished opinion per curiam of the Michigan Court of Appeals, issued February 21, 2023 (Docket No. 360439) found that the trial court properly granted a preliminary injunction to enforce the status quo payments of pre-amendment attendant care benefits where the injuries arose prior to the effective date of the no-fault revisions and where liability was not in question. 

In making this decision, the Court reaffirmed the applicability of Andary and its ruling that the no‑fault revisions did not apply retrospectively even after leave was granted by the Michigan Supreme Court for final adjudication of the applicability of the revisions to pre-revision losses.

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