Docket Nos. 134393, 134406. Calendar No. 2.

751 N.W.2d 463 (2008)

William MILLER, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant/Cross-Defendant-Appellant, and PT Works, Inc., Cross-Plaintiff-Appellee. William Miller, Plaintiff-Appellee, v. Allstate Insurance Company, Defendant/Cross-Defendant-Appellee, and PT Works, Inc., Cross-Plaintiff-Appellant.

Supreme Court of Michigan.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Nemier, Tolari, Landry, Mazzeo & Johnson, P.C. (by David B. Landry and Michelle E. Mathieu), Farmington Hills, for Allstate Insurance Company.

Thav, Gross, Steinway & Bennett, P.C. (by Barry A. Steinway), Bingham Farms, for PT Works, Inc.

Allan Falk, P.C. (by Allan Falk), Okemos, for Preferred Medicine, Inc., Joanna Rohl, and Fatmeh Chehab, amici curiae.

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C. (by Karen W. Magdich), Farmington Hills, for the International Association of Special Investigation Units, the Michigan Chapter of the International Association of Special Investigation Units, and the Property Casualty Insurers Association of America, amici curiae.

Hall, Render, Killian, Heath & Lyman, P.L.L.C. (by Margaret Marchak, Michael J. Philbrick, and Leah Voigt Romano), Troy, for the State Bar of Michigan-Health Care Law Section, amicus curiae.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David W. Silver and Amy L. Rosenberg, Assistant Attorneys General, for the Attorney General, amicus curiae.

James L. Carey, Justin G. Klimko, and Cyril Moscow, Auburn Hills, for the Business Law Section of the State Bar of Michigan, amicus curiae.

Foster, Swift, Collins & Smith, P.C. (by Richard C. Kraus and Alan T. Rogalski), Farmington Hills, for the Michigan Physical Therapy Association, amicus curiae.

Keranen & Associates, P.C. (by Gary D. Quesada), Bloomfield Hills, for the American Institute of Architects Michigan, the American Council of Engineering Companies of Michigan, and the Michigan Society of Professional Engineers, amici curiae.

Gross & Nemeth, P.L.C. (by Mary T. Nemeth), Detroit, for the Insurance Institute of Michigan, amicus curiae.


We granted leave to appeal to consider: (1) whether plaintiff corporation was improperly incorporated under the Business Corporations Act (BCA), MCL 450.1101 et seq.; and, if so, (2) whether an improperly incorporated entity rendering physical therapy treatment has "lawfully" rendered such treatment under MCL 500.3157. However, because defendant insurance company lacks statutory standing to challenge plaintiff's corporate status under MCL 450.1221...

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