Michigan Court of Appeals; Docket No. 79106; Published
Judges Allen, Gribbs, and Gillespie; Unanimous; Per Curiam
Official Michigan Reporter Citation: 144 Mich App 379; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Michigan Consumer Protection Act (MCPA – MCL 445.901, et seq.)
Uniform Trade Practices Act (UTPA – MCL 500.2001, et seq.)
CASE SUMMARY:
This unanimous per curiam Opinion involves an issue of first impression. Specifically, the court ruled that the provisions of the Michigan Consumer Protection Act (MCLA 445.901, et seq) were not available to an insured in a dispute with his insurance company arising under a no-fault insurance contract. The court reasoned that such disputes (those arising under a no-fault contract) would fall under two specific exemption provisions of the Michigan Consumer Protection Act.
The first exemption provision [§1(a)] exempts any transaction or conduct which would be the subject of regulatory control under laws administered by a regulatory board or officer acting under the statutory authority of this state. This exemption applies to this case for the reason that Allstate Insurance Company is subject to all of the provisions of the Insurance Code. In addition, the insurance industry is under the authority of the State Commissioner of Insurance and is subject to the extensive statutory and regulatory scheme administered by licensing or regulatory authority.
The second exemption [§2(a)] exempts unfair, unconscionable or deceptive methods or acts which are made unlawful by the Uniform Trade Practices Act (MCLA 500.210, et seq). The court held that the actions complained of by the plaintiffs arguably fit into a number of the itemized acts or practices which are made unlawful by the Uniform Trade Practices Statute. Therefore, this exemption of the Consumer Protection Act also applies, thereby prohibiting plaintiffs from proceeding under this statute.
