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U.S. v. MCCA

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

795 N.W.2d 101 (2009)

484 Mich. 1

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. (On Rehearing) Hartford Insurance Company of the Midwest, Plaintiff-Appellee, v. Michigan Catastrophic Claims Association, Defendant-Appellant. (On Rehearing)

Supreme Court of Michigan.

Decided July 21, 2009.

Attorney(s) appearing for the Case

Plunkett Cooney (by Jeffrey C. Gerish and Gregory Gromek ), Bloomfield Hills, for United States Fidelity & Guaranty Insurance Company.

Stark Reagan, P.C. (by Ava K. Ortner ), and Dykema Gossett P.L.L.C. (by Joseph K. Erhardt , Jill M. Wheaton , and K.J. Miller ) for the Michigan Catastrophic Claims Association.

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

Secrest Wardle (by Janet Callahan Barnes and John H. Cowley, Jr. ) for Hartford Insurance Company of the Midwest.

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

Hackney, Grover, Hoover & Bean, P.L.C. (by John P. Lewis ), Grandville, for amici curiae State Farm Mutual Automobile Insurance Company.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and William A. Chenoweth , Assistant Attorney General, for amici curiae the Commissioner of the Office of Financial and Insurance Regulation.

John A. Lydick for amici curiae the Insurance Institute of Michigan.

Opinion

WEAVER, J.

This Court originally granted leave to appeal to consider whether MCL 500.3104(2) obligates the Michigan Catastrophic Claims Association (MCCA) to reimburse a member insurer for personal protection insurance (PIP) benefits paid to a claimant without regard to the reasonableness of the member insurer's payments of PIP benefits. This Court issued an opinion reversing the Court of Appeals and remanding for further proceedings, while holding...

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