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Tag: premiumsBy The Wizard of Laws, Section News
It's summer. The governor and the legislature are missing in action, so the Supreme Court is taking a swing at hammering Michigan's citizens. Their weapon? US Fidelity Insurance & Guaranty Company v Michigan Catastrophic Claims Association II, which overturned a Supreme Court decision rendered in the same case just seven months earlier and will impose $693.8 million in additional costs on Michigan's car owners.
Here are the facts of the case: Daniel Migdal suffered catastrophic injuries in a 1981 car accident. Due to the nature and extent of his injuries, he required 24-hour nursing care. Daniel's father sued USF&G to recover the costs of the attendant care, and they agreed that USF&G would pay $54.84 an hour for the care. USF&G then applied to the Michigan Catastrophic Claims Association for reimbursement. The Michigan Catastrophic Claims Association (MCCA) was created by statute in 1978. Michigan's no-fault law provides unlimited lifetime coverage for medical expenses which result from auto accidents. The MCCA reimburses insurance companies for every claim paid in excess of a threshold amount. The insurance company initially pays the entire claim, but is reimbursed by the MCCA for the excess medical costs. All auto insurance companies operating in Michigan are assessed to cover catastrophic medical claims occurring in Michigan. Those assessments are generally passed on to auto insurance policyholders. The 2009-2010 assessment is $124.89 per vehicle. Read on... (4 comments, 808 words in story) Full Story |
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