Probate Court can order no fault insurer to pay injury victim's attorney fees

Ever-aggressive Farm Bureau was the no fault insurer responsible for Jennifer L. Geror's medical expenses.  When questions arose over the adequacy of care being provided to Geror--who is not mentally competent--the Court appointed a guardian at litem to represent her interests.  Even though Michigan courts have recognized for almost 15 years that guardianship expenses are an "allowable expense" under the no fault act, Farm Bureau refused to pay Geror's guardian's legal fees, claiming the Probate Court lacked jurisdiction to require the payment.

The Court of Appeals unanimously rejected Farm Bureau's argument, noting that the fees were "expenses incurred for the reasonably necessary services for an injured person's care" and were thus payable under MCL 500.3107(1)(a).