On May 8, 2018, the Michigan Court of Appeals issued a binding decision in Shah, et al v State Farm Ins Co, ___ Mich App ___ (2018). This is the first post Covenant v State Farm Ins Co, case that has decided a substantive issue born out of Covenant, itself. As a reminder, our Supreme […]
So if you have not heard, the auto no-fault insurance law has changed in Michigan for medical providers. After nearly 40 years of permissible statutory action under the no-fault act, the Michigan Supreme Court abruptly changed the law for medical providers. The case that changed the law is Covenant v State Farm (here). Simply, the court held there […]
On May 27, 2016, the Michigan Supreme Court has effectively signaled a complete 180 from its stated opinion exactly one-year ago, despite no change in the Court’s current composition of justices. Last May 28, 2015, the Michigan Supreme Court denied an application to appeal a decision issued by the Michigan Court of Appeals, in Wyoming Chiropractic Health Clinic, PC v Auto-Owners […]
Medical service providers must carefully adhere to the procedures and administrative guidelines set forth in participating provider agreements with primary health insurers. Failure to do so will prove fatal to any secondary no-fault claim. That is exactly what happened to a medical provider in a recent ruling issued by the Michigan Court of Appeals, entitled Farm […]
On February 9, 2016, the Michigan Court of Appeals issued a Published Opinion that restricts certain reimbursements for chiropractic care under the no-fault act. The case is Measel v Auto Club Ins Co. The basic facts are that Ms. Measal was injured (neck, upper back and arm) in a motor vehicle crash. As part of […]
Since last week’s blog post, the Michigan Court of Appeals issued yet another published decision strengthening a medical provider’s independent standing to pursue no-fault benefits. The case is Chiropractors Rehabilitation Group v State Farm Mut Ins Co, found here. As has been the insurance industry’s repeated attack, State Farm challenged the standing of a medical provider […]
The Michigan Court of Appeals has strengthened medical service providers’ rights under the Michigan No-Fault Act. On October 22, 2015, the court published a recent decision which upheld Covenant Medical Center’s claim against State Farm. Specifically, Covenant had notified State Farm of its billings and its claim for payment. Unbeknownst to Covenant, State Farm then […]
Medical service providers have legal standing to independently bring and enforce auto no-fault insurance claims. Recently, however, auto no-fault insurers have tried to challenge and prevent medical providers from bringing legal action directly against the insurer. In Wyoming Chiropractic Health Clinic, P.C. v Auto-Owners Ins Co, __ Mich App __ (2014)(a unanimous published opinion) the […]
No-fault insurance medical service providers must be aware and cautious of the status of a patient’s no-fault PIP claim. Particularly, if the patient has filed a lawsuit and the medical provider has elected not to intervene or file its own, joint action. That is because if the patient ultimately settles his/her PIP claim for future […]
Yesterday, the Michigan Supreme Court did away with the long-held rule of protecting minors and the infirm in no-fault claims. This legal issue has literally been a political ping-pong match with the balance of the court changing so much since 1999. Since 1973 — when the no-fault act was enacted — it had always been […]
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