Amendments to Michigan No-Fault Act Limiting Benefits Held Not Retroactive
In a highly anticipated ruling, the Michigan Court of Appeals has decided that the Michigan no-fault PIP benefit limitations enacted in 2019 cannot be applied retroactively. The 2019 amendments had sought to limit family-provided attendant care to 56 hours per week and applied fee schedules to medical provider reimbursement rates, to name a few of the new limitations.
In Andary v USAA Casualty Insurance, the Plaintiff (Andary) had suffered a traumatic brain injury (TBI) in a motor vehicle accident which occurred prior to 2019. He had been receiving around-the-clock attendant care, mainly provided by his family. A companion Plaintiff (Krueger) had also suffered a TBI in a motor vehicle accident prior to 2019 and was in a residential center for TBI patients. USAA Casualty Insurance sought to apply the 2019 PIP limitations to these claims even though the claims arose before the law changed in 2019.
The Court reasoned that common law required an “expression of intent [by the legislature] to have a statue apply retroactively…” This must be “unequivocal as appears from the context of the statute itself.” No such unequivocal language expressing an intent to apply the new laws retroactively appeared in the statute at issue.
This case has already been appealed to the Michigan Supreme Court.
Click on the link to read the entire case at Andary v USAA Casualty Insurance.
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Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees, and strives to resolve matters within one year from initial case assignment.
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