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AutoOwners disputes which chiropractic benefits are reimbursed under No Fault

Home-Owners, a subsidiary of Auto Owners, fought with Warren Chiropractic & Rehab Clinic over the reimbursement of post-motor vehicle accident treatment.  The trial court dismissed the Warren Clinic's claim, finding that the entire claim was barred by a Legislative amendment that was adopted on January 5, 2010.  The Clinic appealed, arguing that the lower court improperly applied the statutory amendment retroactively (to benefits provided before its adoption) and without taking into account the subsequent amendment (and broadening) of the definition of chiropractic services in the Michigan public health code.

The higher court agreed that the statutory amendment should not have received retroactive application, but went on to hold that reimburseable services were defined by the law as it existed on January 1, 2010, and did not include the broadened definition adopted  "as part of a larger legislative effort" four days later.  It seems odd to adopt only part of the "larger legislative effort" as indicative of the Legislators' intent, but in Michigan, Republican judges give the insurance industry what it desires.

Thompson O’Neil, P.C.
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