The Andary Lawsuit: Fighting for No-Fault Insurance Rights in Michigan
Imagine paying for car insurance that promised uncapped, lifetime benefits for medical care in case of a devastating accident. Now picture that promise being snatched away overnight. That’s the reality facing many Michigan residents who purchased no-fault insurance policies years ago, only to see their coverage dramatically reduced by recent changes to the state’s no-fault law.
Enter the Andary lawsuit, a beacon of hope for these policyholders. Filed in 2022 by three plaintiffs, including the Andary family, the lawsuit challenges the constitutionality of the controversial law changes. These changes include:
Significant limitations on the right to receive reimbursement for in-home attendant care services provided by family members. This particularly impacts individuals who rely on loved ones for daily living assistance due to severe injuries.
The non-Medicare 55% fee schedule. This dramatically reduces the amount medical providers can be reimbursed by auto insurance companies for necessary care. This translates to a stark reduction in the quality and availability of treatment for injured individuals.
At the heart of the lawsuit lies the question of contract sanctity. Did insurance companies fulfill their contractual obligations when they changed the terms of policies that were already in effect? The plaintiffs argue that they paid premiums with the expectation of receiving specific benefits, and these benefits cannot be arbitrarily taken away.
The outcome of the Andary lawsuit has far-reaching implications for thousands of Michigan residents who depend on no-fault insurance for their long-term care. A victory for the plaintiffs would mean upholding the terms of their contracts and ensuring access to essential medical services.
Frequently Asked Questions (FAQs)
1. What happens if the Andary lawsuit is successful?
If the plaintiffs win, the challenged provisions of the no-fault law would likely be deemed unconstitutional. This would mean insurance companies would be required to fulfill the terms of existing policies, including providing uncapped lifetime benefits for medical care and reimbursing providers at reasonable rates.
2. When will we know the outcome of the lawsuit?
The Andary lawsuit is currently pending before the Michigan Supreme Court. Oral arguments were heard in March 2023, and a decision is expected sometime in 2024.
3. What can I do to support the Andary lawsuit?
There are several ways you can show your support:
Stay informed: Follow organizations like Protect No-Fault and the Michigan Association for Justice for updates on the lawsuit’s progress.
Contact your state legislators: Let them know your concerns about the changes to the no-fault law and urge them to support legislation that protects the rights of injured victims.
Share your story: If you or someone you know has been affected by the changes to the no-fault law, share your story with your local media or online.
4. How will the outcome of the Andary lawsuit affect my insurance coverage?
The impact on your individual insurance coverage depends on several factors, including the specific terms of your policy and the final outcome of the lawsuit. It’s important to stay informed and contact your insurance company directly for any updates regarding your coverage.
5. What other resources are available for information about the Andary lawsuit?
Several websites and organizations provide additional information about the lawsuit and the no-fault insurance system in Michigan. Some helpful resources include:
The Michigan Department of Insurance and Financial Services: https://www.michigan.gov/difs
The Michigan Association for Justice: https://www.michiganjustice.org/
The Insurance Institute of Michigan: https://www.concraft.com/about-us/awards-and-affiliations/695_Insurance-Institute-of-Michigan-IIM
6. What are some alternative options for obtaining long-term care in Michigan?
If you are concerned about the future of no-fault insurance coverage, it’s essential to explore alternative options for long-term care. These may include:
Purchasing long-term care insurance: This can help cover the costs of care if you become unable to live independently.
Saving for future care: Setting aside money in a dedicated savings account can help pay for
References:
Protect No-Fault: https://www.plunkettcooney.com/transportation-law-hub/court-examines-no-fault-reform
Michigan Association for Justice: https://www.michiganautolaw.com/blog/2023/08/08/andary-v-usaa-michigan-supreme-court-ruling-no-fault-changes-do-not-apply-retroactively/
Michigan Courts: https://www.courts.michigan.gov/courts/supreme-court/case-information-2022-2023-term/2023-march-case-call/164772-michael-andary-v-usaa-casualty-ins-co/
Autono Fault Law: https://www.michiganautolaw.com/blog/2023/08/08/andary-v-usaa-michigan-supreme-court-ruling-no-fault-changes-do-not-apply-retroactively/
Michigan Auto Law: https://www.michiganautolaw.com/blog/2023/08/08/andary-v-usaa-michigan-supreme-court-ruling-no-fault-changes-do-not-apply-retroactively/
