Opinion
359157
02-17-2022
Porsha Shantel Sharp v. Samantha Marie Tracht
LC No. 19-015431-NI
Thomas C. Cameron Presiding Judge Christopher M. Murray Anica Letica Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the trial court's September 8, 2021 order is REVERSED, and the matter REMANDED for entry of an order denying the motion for summary disposition. The underlying factual basis of the summary disposition motion filed by defendant Progressive Marathon Insurance Company (Progressive) was that plaintiff assigned her rights to certain no-fault benefits to others. However, no actual assignments were produced. Nor would it be appropriate to shift the burden to plaintiff to prove that she did not assign her rights to another. Unless Progressive can prove otherwise, plaintiffs standing to pursue the benefits at issue is established by the fact that she was billed for the underlying medical services. See, e.g., MCL 500.3112 ("Personal protection insurance benefits are payable to . . an injured person . . ."). Progressive failed to meet its initial burden of either providing affirmative evidence negating an essential element of the claim, or demonstrating that plaintiff could not establish an essential element of her claim. Lowrey v LMPS & LMPJ, Inc, 500 Mich. 1, 7; 890 N.W.2d 344 (2016).
This order is to have immediate effect. MCR 7.215(F)(2).
We do not retain jurisdiction.