CHILDERS v. PROGRESSIVE MARATHON INS.

No. 356914, No. 356915.

997 N.W.2d 273 (2022)

342 Mich. App. 257

Justin CHILDERS, a Legally Incapacitated Person, BY Susan CHILDERS, Conservator, Plaintiff, and Michigan Property & Casualty Guaranty Association, Intervening Plaintiff-Appellant/Cross-Appellee, v. PROGRESSIVE MARATHON INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant. Justin Childers, a Legally Incapacitated Person, by Susan Childers, Conservator, Plaintiff-Appellant/Cross-Appellee, and Michigan Property & Casualty Guaranty Association, Intervening Plaintiff, v. Progressive Marathon Insurance Company, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Michigan.

Decided September 15, 2022, at 9:00 a.m.


Attorney(s) appearing for the Case

Scott L. Feuer , Birmingham, and Jennifer E. Bruening for the Michigan Property and Casualty Guaranty Association.

Garan Lucow Miller, PC, Detroit (by Daniel S. Saylor ) for Progressive Marathon Insurance Company.

Before: Cavanagh, P.J., and Garrett and Yates, JJ.


Nothing in life is perfectly predictable, even when the Michigan no-fault act is involved. The passage of decades has revealed holes in what was intended to be a comprehensive scheme to simplify automobile insurance and expedite the payment of benefits to victims injured in motor vehicle collisions. This case reveals yet another hole in...

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