MCC v. COMMISSIONER OF OFFICE OF FINANCIAL & INS. SERV.

Docket Nos. 241870, 241874.

685 N.W.2d 428 (2004)

262 Mich.App. 228

MICHIGAN CHIROPRACTIC COUNCIL, Michigan Chiropractic Society, Petitioners-Appellees, v. COMMISSIONER OF the OFFICE OF FINANCIAL AND INSURANCE SERVICE, Respondent-Appellant, and Farmers Insurance Exchange, and Mid-Century Insurance Company, Intervenors-Respondents. Michigan Chiropractic Council, Michigan Chiropractic Society, Petitioners-Appellees, v. Commissioner of the Office of Financial and Insurance Service, Respondent, and Farmers Insurance Exchange, and Mid-Century Insurance Company, Intervenors-Respondents-Appellants.

Court of Appeals of Michigan.

Decided June 1, 2004, at 9:15 a.m.

Released for Publication August 5, 2004.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone, PLC (by Kevin J. Moody, Polly Ann Synk, and Jaclyn Shoshana Levine), Lansing, for Michigan Chiropractic Council and Michigan Chiropractic Society.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and William A. Chenoweth, Assistant Attorney General, for Commissioner of the Office of Financial and Insurance Service.

Warner Norcross & Judd, LLP (by Peter L. Gustafson and Jeffrey O. Birkhold), Grand Rapids, for Farmers Insurance Exchange and Mid-Century Insurance Company.

Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by George T. Sinas and L. Page Graves), Lansing, for Brain Injury Association of Michigan, Michigan Brain Injury Providers Council, and Michigan Orthotics & Prosthetics Association.

John P. Jacobs, P.C. (by John P. Jacobs), Detroit, for ManageAbility, Inc.

Kerr, Russell and Weber, PLC (by Richard D. Weber and Joanne Geha Swanson), Detroit, for Michigan State Medical Society.

Willingham & Cote, P.C. (by John A. Yeager), East Lansing, for Insurance Institute of Michigan.

Before: FITZGERALD, P.J., and NEFF and WHITE, JJ.


NEFF, J.

In these consolidated appeals, respondent Commissioner of the Office of Financial and Insurance Services, and intervenors-respondents Farmers Insurance Exchange and Mid-Century Insurance Company (Farmers) appeal by leave granted an order of the circuit court that reversed the commissioner's denial of petitioners' challenge to a preferred provider organization (PPO) option offered in Farmers' no fault automobile...

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