The Michigan Supreme Court has significantly tightened the standards to apply for and receive allowable “attendant care” benefits under MCL 500.3107(1)(a) of Michigan’s No-Fault Act for claims that “attendant care” benefits are owed for ordinary household tasks and where such care is provided by a family member as opposed to a professional practitioner.
In short, the Court put an end to claims by family members seeking reimbursement for providing basic, non-professional household services tasks to assist claimants injured in motor vehicle accidents.
Here, the Court makes clear that “allowable expenses” under MCL 500.3107(1)(a) must be for an injured person’s “care, recovery or rehabilitation” and whether such care is necessitated by the injury sustained in the motor vehicle accident. Accordingly, the Court held that reimbursement for “ordinary household tasks” unrelated to the injury will no longer be allowed. The Court also made sure that claims for reimbursement will be supported by legitimate requests for compensation and proof that such compensation is truly for the provision of the medically necessary services to which an injured party is entitled under the No-Fault Act.
This case will put an end to claims by spouses and family members for charging insurance companies daily fees or rates for providing allegedly “allowable expense” services that are nothing more than ordinary household tasks and basic assistance to the injured claimant unrelated to any “care, recovery or rehabilitation” necessitated by the injury.
Here is the case:
Douglas v. Allstate
Published by Carson J Tucker, JD MSEL
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.
View all posts by Carson J Tucker, JD MSEL