Opinion
SC: 164970 & (75)(76) COA: 354436.
03-22-2023
Tynina FLOWERS, Plaintiff-Appellant, v. Kevin WILSON and Cheri Michella Petri, Defendants, and Auto Club Insurance Association and Memberselect Insurance Company, Defendants-Appellees.
Order
On order of the Court, the motions of the defendants-appellees to extend the time for filing their answer and of the Michigan Association for Justice to file a brief amicus curiae are GRANTED. The application for leave to appeal the September 22, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether an insurer's partial payment of the insured's medical expenses on the basis of what the insurer considers reasonable, along with the insurer's promise to defend and indemnify the insured with respect to any remaining liability to the insured's healthcare providers if they challenge the amounts paid or seek additional payment, deprives the insured of a cause of action for personal protection insurance benefits for allowable expenses pursuant to MCL 500.3107(1)(a). See McGill v Auto. Ass'n of Mich., 207 Mich.App. 402, 526 N.W.2d 12 (1994); LaMothe v Auto Club Ins Ass'n, 214 Mich.App. 577, 543 N.W.2d 42 (1995), overruled in part on other grounds by Covenant Med. Ctr., Inc v State Farm Mut. Auto. Ins. Co., 500 Mich. 191, 895 N.W.2d 490 (2017).
The Coalition Protecting Auto No-Fault, the Insurance Alliance of Michigan, and Michigan Defense Trial Counsel, Inc. are invited to file briefs amicus curiae. Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.