Court of Appeals Denies Medical Service Provider’s Claim Against No-Fault Insurer to Recover for Services Rendered to Plaintiff as PIP Benefits After She Signed a Release with Insurer

In this published opinion, the Michigan Court of Appeals reversed the trial court’s decision, which would have allowed a medical service provider (Michigan Head and Spine) to recover against State Farm for services rendered to plaintiff, who was injured in an auto accident, because the plaintiff signed a release with State Farm in which she agreed not to seek recovery for future medical services provided.

The plaintiff was injured in an auto accident.  She received personal insurance protection (PIP) benefits, including medical services, which were paid by State Farm.  She settled with State Farm and executed a release, in which she discharged and/or disclaimed any future PIP benefits related to treatment received for her injuries.  After she signed the release, plaintiff treated with the Michigan Head and Spine, who then sought recovery from State Farm.

The trial court denied a summary motion by State Farm and allowed MH&S to proceed against it on theories of contract and recovery of no-fault PIP benefits.  The Court of Appeals reversed, holding that Plaintiff’s release bound MH&S from seeking recovery on any theory.

This is a published opinion, which illustrates the importance to medical service providers of affirming the availability of insurance before treating a plaintiff.  The ruling of the case applies both to no-fault insurers, and other insurers, such as workers’ compensation carriers, that might be liable for payment for medical services on the basis of an injury.

Read the opinion here:  Michigan Head and Spine v. State Farm

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
Gallery | This entry was posted in May It Please the Court, Michigan Court of Appeals Published Opinions, Recent Judicial Dispositions, Workers' Compensation Cases. Bookmark the permalink.

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