Supreme Court reverses decision requiring payment of conservator's fees by PIP carrier
In April of 2012, the Court of Appeals held that Edward Carroll's PIP carrier, the Auto Club, must pay for all of Carroll's conservatorship expenses, including those relating to managing his property. The Probate Court had apportioned the head-injured man's expenses and required the insurer to pay only those conservatorship expenses directly related to "his care and recovery."
The Auto Club maintained that when the badly injured man was moved to assisted living several years after his injury, the expenses associated with liquidating or managing his home and personal property should not be paid by the no fault carrier. The Court of Appeals held in April that since the man's incompetency and need for a conservator were caused by his motor vehicle accident injuries, the Auto Club must pay the conservator's expenses. The Supreme Court reversed this decision and returned the case for the Court of Appeals panel's review. Of late the Supreme Court's Republican majority has been on a "binge" of restricting what insurers must pay or injury victims can collect, and it is assumed that the high court expects the Court of Appeals to impose further restrictions on what Conservatorship expenses the no fault carrier must pay.