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ANDARY v. USAA CASUALTY INSURANCE COMPANY

No. 356487.

996 N.W.2d 784 (2022)

343 Mich. App. 1

Ellen M. ANDARY, a Legally Incapacitated Person, BY AND THROUGH her Conservator and Guardian, Michael T. ANDARY, M.D., Philip Krueger, a Legally Incapacitated Person, by and through his Guardian, Ronald Krueger, and Moriah, Inc., doing business as Eisenhower Center, Plaintiffs-Appellants, v. USAA CASUALTY INSURANCE COMPANY and Citizens Insurance Company of America, Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 25, 2022, 9:00 a.m.

Attorney(s) appearing for the Case

Mark Granzotto, PC, Royal Oak (by Mark Granzotto ) and Sinas, Dramis, Larkin, Graves & Waldman, PC (by George Sinas , Lansing, and Lauren E. Kissel ) for plaintiffs.

Dykema Gossett PLLC (by Lori McAllister , Lansing, Jill M. Wheaton , Ann Arbor, and Lauren Fitzsimmons ) for defendants.

Steven A. Hicks for the Michigan Brain Injury Provider Council, Amicus Curiae.

Kerr, Russell & Weber, PLC, Detroit (by Joanne Geha Swanson ) for CPAN, Amicus Curiae.

Speaker Law Firm, PLLC (by Liisa R. Speaker and Jennifer M. Alberts ) for Brain Injury Association of Michigan, Amicus Curiae.

Linderman Law PLLC, Ann Arbor (by Marla A. Linderman ) for Representatives Julie Brixie and Andrea Schroeder, Amici Curiae.

Charles N. Raimi for the city of Detroit, Amicus Curiae.

K. J. Miller and Joseph K. Erhardt for the Michigan Catastrophic Claims Association, Amicus Curiae.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Christopher L. Kerr , Assistant Attorney General, for the Michigan Department of Insurance and Financial Services, Amicus Curiae.

Dickinson Wright PLLC, Lansing (by Peter H. Ellsworth , Jeffery V. Stuckey , and Ryan M. Shannon ) for the Insurance Alliance of Michigan and the National Association of Mutual Insurance Companies, Amici Curiae.

Mary Massaron , Bloomfield Hills, for the American Property and Casualty Insurance Association, Amicus Curiae.

Before: Markey, P.J., and Shapiro and Patel, JJ.

The question in this case is whether legislative amendments to the no-fault act, MCL 500.3101 et seq., limiting reimbursement for expenses covered by personal protection insurance apply retroactively so as to limit benefits to those injured before the effective date of the amendments. We conclude that they do not because the Legislature...

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