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

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…

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New Party, Same Rules

A party who agrees pre-suit to a limitation of their rights does not regain those rights when a new party substitutes as opposition in the subsequent suit. To access the full article, click here: https://bit.ly/3QUGD8Z  

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MAIPF Cannot Deny Claims Due to Non-Cooperation

The Court in Great Lakes held that by statute, the MAIPF cannot flat-out deny a provider’s claim due to a claimant’s refusal to cooperate. Instead, according to MCL 500.3173a, the MAIPF or its servicing insurer can only suspend benefits until cooperation is resumed. This statute language and the Great Lakes ruling make it necessary for…

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