U.S. FID. INS. & GUARANTY CO. v. MICH. CATASTROPHIC CLAIMS ASS'N

Docket Nos. 133466, 133468 (Calendar No. 5).

759 N.W.2d 154 (2008)

UNITED STATES FIDELITY INSURANCE & GUARANTY COMPANY, Plaintiff-Appellee, v. MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION, Defendant-Appellant, and Michael Migdal, Individually and as Conservator for the Estate of Daniel Migdal, a Protected Person, Defendant. Hartford Insurance Company of the Midwest, Plaintiff-Appellee, v. Michigan Catastrophic Claims Association, Defendant-Appellant.

Supreme Court of Michigan.

December 29, 2008.


Attorney(s) appearing for the Case

Plunkett Cooney (by Jeffrey C. Gerish and Gregory Gromek), Bloomfield Hills, for United States Fidelity Ins. & Guar. Co.

Stark Reagan, P.C. (by Ava K. Ortner), Troy and Dykema Gossett, PLLC (by Joseph K. Erhardt, Jill M. Wheaton, and K.J. Miller, Ann Arbor), for Michigan Catastrophic Claims Ass'n.

Miller & Tischler, P.C., Southfield (by Milea M. Vislosky), for Michael Migdal.

Secrest Wardle (by Janet Callahan Barnes and John H. Cowley, Jr.), Farmington Hills, for The Hartford Ins. Co. of the Midwest.

Speaker Law Firm, PLLC (by Liisa R. Speaker) and Sinas Dramis Brake Boughton & McIntyre, P.C. (by George T. Sinas and Steven A. Hicks), Lansing, for the Coalition Protecting Auto No-Fault, amicus curiae.

Hackney, Grover, Hoover & Bean, PLC, East Lansing (by John P. Lewis, Grand Rapids), for State Farm Mut. Auto. Ins. Co., amicus curiae

Michael A. Cox, Atty. Gen., B. Eric Restuccia, Sol. Gen., and William A. Chenoweth, Asst. Atty. Gen., for the Com'r of the Office of Financial and Ins. Regulation, amicus curiae.

John A. Lydick, Detroit, for the Ins. Institute of Michigan, amicus curiae.


OPINION

YOUNG, J.

This Court must determine whether the Michigan Catastrophic Claims Association (MCCA) has authority to refuse to indemnify member insurers for unreasonable charges. In these consolidated appeals, the MCCA refused to indemnify its member insurers, United States Fidelity Insurance & Guaranty Company (USF & G) and Hartford Insurance Company of the Midwest (Hartford) (together, plaintiffs), for personal protection insurance (PIP) benefits...

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