Michigan Court of Appeals; Docket #225074; Unpublished
Judges Kelly, Hood and Doctoroff; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Allowable Expenses for Home Accommodations [3107(1)(a)]
TOPICAL INDEXING:
Not applicable
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals rejected plaintiff’s claim for certain residential home modifications under section 3107(1)(a), for the reason that plaintiff had signed a release with defendant insurance company waiving all future claims for home modifications except those necessitated by a change in plaintiff’s medical condition. The release that plaintiff signed in this regard was clear and unambiguous. Moreover, plaintiff signed the release after consulting with legal counsel who had recommended only a small change in the document. The release was supported by consideration from the defendant who paid nearly $40,000 for home modifications when defendant could have questioned the reasonable necessity of some of those charges. Defendant’s agreement to forebear from litigation and its payment of the expenses constituted sufficient consideration to support the release. Moreover, plaintiff could not argue that plaintiff’s agreement to sign the release was based upon fraud, duress or coercion, given the fact that plaintiff consulted with legal counsel. Therefore, the release was voluntarily entered into by plaintiff and its terms clearly and unambiguously released any future claims for home modifications except those necessitated by a change in plaintiff’s medical condition. Accordingly, defendant was entitled to legal enforcement of the release thus barring plaintiff’s claim.
