STATE OF MICHIGAN
COURT OF APPEALS
W A FOOTE MEMORIAL HOSPITAL, doing FOR PUBLICATION
business as ALLEGIANCE HEALTH, August 31, 2017
Plaintiff-Appellant,
v No. 333360
Kent Circuit Court
MICHIGAN ASSIGNED CLAIMS PLAN and LC No. 15-008218-NF
MICHIGAN AUTOMOBILE INSURANCE
PLACEMENT FACILITY,
Defendants-Appellees,
and
JOHN DOE INSURANCE COMPANY,
Defendant.
Before: BOONSTRA, P.J., and RONAYNE KRAUSE and SWARTZLE, JJ.
RONAYNE KRAUSE, J. (concurring).
I respectfully concur with the majority’s conclusion that Covenant Med Ctr, Inc v State
Farm Mut Ins Co, ___ Mich ___; 895 NW2d 490 (2017), applies retroactively and that plaintiff
must be afforded an opportunity to amend its pleadings. I am merely unpersuaded that there is
any sufficient reason present in this matter for departing from the general rule that decisions
from our Supreme Court should be given retroactive effect by default.
/s/ Amy Ronayne Krause
-1-
W a Foote Memorial Hospital v. Michigan Assigned Claims Plan
Combined Opinion