Michigan Supreme Court; Docket No. 82417; Published
Opinion by Justice Michael F. Cavanagh; Unanimous
Official Michigan Reporter Citation: 435 Mich 338; Link to Opinion 
STATUTORY INDEXING:
Catastrophic Claims Association: Creation and Membership [§3104]
Premiums Assessed Against Members [§3104]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Justice Michael F. Cavanagh, the Michigan Supreme Court reversed the Court of Appeals and held that the Michigan Catastrophic Claims Association is not a state agency but rather "an unincorporated, nonprofit association of private insurers." Thus, the MCCA is not subject to the Administrative Procedures Act and need not have promulgated its "plan of operation" pursuant to the requirements of the APA. Accordingly, all premiums assessed by the MCCA to its member insurers are valid.
