Opinion
365267
08-30-2023
Prescribed Therapy LLC v. Auto Club Group Insurance Company
LC No. 2022-193691-AA
Elizabeth L. Gleicher Presiding Judge, Mark J. Cavanagh, Sima G. Patel Judges
ORDER
The motion to file a late answer is DISMISSED as moot because no answer was filed.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court orders that the October 7, 2022 order is REVERSED IN PART to the extent that the circuit court determined that plaintiff is entitled to PIP benefits under MCL 500.3157(2). In Andary v USAA Cas Ins Co, ___Mich ___; ___N.W.2d ___ (July 31, 2023, Docket No. 164772), slip op at 41, the Court determined that the amendments to the No-Fault Act enacted pursuant to 2019 PA 21 and 2019 PA 22 do not apply retroactively to PIP benefits payable with respect to injuries sustained before the amendments took effect. The Court further stated, "[a]ccordingly, the insurance policies and the disputed portion of the no-fault statutes that existed when [the injured persons] were injured control their entitlement to PIP benefits, not the amended provisions enacted by 2019 PA 21 and 2019 PA 22." Id. In accordance with Andary, the insurance policy and version of the no-fault act that existed when Brenda Sinnamon was injured control her entitlement to PIP benefits and, in turn, plaintiff's entitlement to PIP benefits. Thus, the circuit court erred by determining that plaintiff is entitled to PIP benefits under MCL 500.3157(2), and the court's determination in that regard is REVERSED. In all other respects, leave to appeal is DENIED.