Opinion
SC: 164772 COA: 356487
09-29-2022
Michael T. ANDARY, M.D., Conservator and Guardian of Ellen M. Andary, LIP, Ronald Krueger, Guardian of Philip Krueger, LIP, and Moriah, Inc., d/b/a Eisenhower Center, Plaintiffs-Appellees, v. USAA CASUALTY INSURANCE COMPANY and Citizens Insurance Company of America, Defendants-Appellants.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the August 25, 2022 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the Court of Appeals erred when it: (1) held that claimants injured before the effective date of 2019 PA 21 are not subject to the limitations on benefits set forth in MCL 500.3157(7) and (10) ; (2) held that application of the amended statute to such claimants would violate the Contracts Clause of the Michigan Constitution, Const. 1963, art. 1, § 10 ; and (3) remanded the case to the circuit court for discovery to determine whether the no-fault amendments, even when applied only prospectively, pass constitutional muster.
The Clerk of the Court is directed to place this case on the March 2023 session calendar for argument and submission. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
Amici who appeared in the Court of Appeals or in this Court are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.