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Pending No-Fault Supreme Court Cases

Pending No-Fault Supreme Court Cases

Set forth below are the cases concerning the Michigan No-Fault Law in which the Michigan Supreme Court has granted leave to appeal or has ordered oral argument on the appeal, and has yet to issue a final decision.


Drouillard v American Alt. Ins. Co.

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On November 16, 2018, the Supreme Court directed the Clerk to schedule oral argument “on the application” to consider the issue of “whether the appellee was entitled to summary disposition on the ground that there was no ‘uninsured motor vehicle’ as defined in the insurance policy.”

In so ordering, the Court invited the Insurance Alliance of Michigan, the Michigan Association for Justice, and the Auto Club Insurance Association to file briefs amicus curiae, and directed that “other interested persons” may move the Court for permission to do so.

Link to Order


Shah v State Farm Mut. Auto Ins. Co.

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On October 24, 2018, the Supreme Court issued an Order directing “the Clerk to schedule oral argument on the application” to consider the issue of “whether the anti-assignment clause in the defendant’s insurance policy precludes the defendant’s insured from assigning his right to recover no-fault personal protection insurance benefits to the plaintiff healthcare providers.”

In so ordering, the Court directed the Clerk to “schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in W A Foote Memorial Hospital v Michigan Assigned Claims Plan.”

The Insurance Alliance of Michigan and Auto Club Insurance Association were invited to file briefs amicus curiae.

Link to Order


W A Foote Memorial Hospital v Michigan Assigned Claims Plan

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On May 25, 2018, the Supreme Court CONSIDERED leave to appeal the August 31, 2017 judgment of the Court of Appeals. The Court directed the Clerk to schedule oral argument on whether to grant the application or take other action. In doing so, the Court instructed the parties to submit briefing addressing whether:

“(1) this Court’s decision in Covenant Medical Center, Inc v State Farm Mut Auto Ins Co, 500 Mich 191 (2017), should be applied to this case; (2) the Court of Appeals correctly concluded that this Court’s decision in Pohutski v City of Allen Park, 465 Mich 675, 696 (2002), has been ‘effectively repudiated’ in the context of judicial decisions of statutory interpretation, see Spectrum Health Hospitals v Farm Bureau Mut Ins Co of Michigan, 492 Mich 503 (2012); Wayne County v Hathcock, 471 Mich 445, 484 n 98 (2004); Devillers v Auto Club Ins Ass’n, 473 Mich 562, 587 n 57 (2005); and (3) if Pohutski has not been effectively repudiated, whether the Pohutski framework should have been applied in Spectrum.”

Link to Order


Dye v Esurance Property & Casualty Ins Co

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On December 27, 2017, the Supreme Court GRANTED the plaintiff’s application for leave to appeal the April 4, 2017 judgment of the Court of Appeals in part to consider the limited issue of:

“whether an owner or registrant of a motor vehicle involved in an accident may be entitled to personal protection insurance benefits for accidental bodily injury where no owner or registrant of the motor vehicle maintains security for payment of benefits under personal protection insurance. See MCL 500.3101(1); MCL 500.3113(b); Barnes v Farmers Ins Exch, 308 Mich App 1 (2014).”

Link to Order


Home-Owners Ins Co v Jankowski

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On December 27, 2017, the Supreme Court GRANTED the plaintiff’s application for leave to appeal the April 4, 2017 judgment of the Court of Appeals in part to consider the limited issue of:

“whether, to be eligible to receive personal protection insurance (PIP) benefits, they were required to register, in Michigan, the vehicle involved in the accident, and were thus obligated to maintain security for the payment of PIP benefits pursuant to MCL 500.3101 or be precluded from receiving such benefits by MCL 500.3113(b).”

Link to Order