LANSING, Mich., July 31, 2023 — The Michigan Supreme Court released its ruling today in the Andary v. USAA Casualty Insurance Co. case. In a 5-2 opinion, the court ruled that the changes enacted in 2019 to Michigan’s auto no-fault system do not apply retroactively. In response, state Rep. Julie M. Rogers (D-Kalamazoo) issued the following statement:
“Today’s ruling by the Michigan Supreme Court finding — that changes made by no-fault auto insurance legislation do not apply to those catastrophically injured before 2019 — is a welcome relief to crash survivors and their families. Patients should have never been subjected to a loss of health care and necessary services to treat these terrible injuries when they had a pre-existing contract with their insurance companies for this coverage before the 2019 change in the law. It is an absolute tragedy that people have suffered, some have even died, because of this misinterpretation of the law and our state constitution. I am grateful the Supreme Court is righting this wrong, and I stand ready to work with my colleagues to address the deficiencies in the 2019 law which are not addressed by this ruling. Those injured after 2019 are still struggling with arbitrary caps and cuts in their care.”