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CPAN v. MCCA

Docket No. 314310.

852 N.W.2d 229 (2014)

305 Mich. App. 301

COALITION PROTECTING AUTO NO-FAULT v. MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION.

Court of Appeals of Michigan.

Decided May 20, 2014, at 9:10 a.m.

Attorney(s) appearing for the Case

Kerr, Russell and Weber, PLC, Detroit, (by Joanne Geha Swanson ), and Sinas, Dramis, Brake, Boughton & McIntyre, PC, Lansing (by George T. Sinas ), for the Coalition Protecting Auto No-Fault and others.

James R. Giddings , for the Brain Injury Association of Michigan and others.

Noah D. Hall , of counsel for plaintiffs.

Dykema Gossett PLLC, Lansing, (by Lori McAllister , Joseph K. Erhardt , and Jill M. Wheaton ) for the Michigan Catastrophic Claims Association.

Willingham & Cote, East Lansing, (by John A. Yeager and Kimberlee A. Hillock ) for the Insurance Institute of Michigan and the Michigan Insurance Coalition.

Kerr, Russell and Weber, PLC, Detroit (by Daniel J. Schulte and Jacquelyn A. Klima ), for the Michigan State Medical Society and others.

Before: OWENS, P.J., and BORRELLO and GLEICHER, JJ.

BORRELLO, J.

Defendant, the Michigan Catastrophic Claims Association (MCCA), appeals by leave granted a December 26, 2012 trial court order granting partial summary disposition in favor of plaintiffs, the Coalition Protecting Auto No-Fault and others, pursuant to MCR 2.116(C)(8), and denying the MCCA's motion for summary disposition under MCR 2.116(C)(8) and MCR 2.116(C)(10). Plaintiffs cross-appeal the same order. For the reasons set forth in this opinion, we reverse...

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