Order Michigan Supreme Court
Lansing, Michigan
October 25, 2019 Bridget M. McCormack,
Chief Justice
156622 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
W A FOOTE MEMORIAL HOSPITAL, Brian K. Zahra
d/b/a ALLEGIANCE HEALTH, Richard H. Bernstein
Plaintiff-Appellant, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 156622
COA: 333360
MICHIGAN ASSIGNED CLAIMS PLAN Kent CC: 15-008218-NF
and MICHIGAN AUTOMOBILE INSURANCE
PLACEMENT FACILITY,
Defendants-Appellees,
and
JOHN DOE INSURANCE COMPANY,
Defendant.
_________________________________________/
On October 2, 2019, the Court heard oral argument on the application for leave to
appeal the August 31, 2017 judgment of the Court of Appeals. On order of the Court, the
application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal,
we AFFIRM the holding of the Court of Appeals that this Court’s decision in Covenant
Med Ctr, Inc v State Farm Mut Auto Ins Co, 500 Mich 191 (2017), applies retroactively.
Nonetheless, we VACATE that part of the judgment of the Court of Appeals stating that
this Court’s decision in Spectrum Health Hosps v Farm Bureau Mut Ins Co of Mich, 492
Mich 503 (2012), “effectively repudiated” the application of the “threshold question” and
“three-factor test” set forth in Pohutski v City of Allen Park, 465 Mich 675 (2002), in the
context of judicial decisions of statutory interpretation. In concluding that the Court was
not setting forth a new law, the Court in Spectrum Health engaged in an analysis that is
consistent with the analysis required by Pohutski’s threshold question. Spectrum Health
did not purport to repudiate Pohutski’s framework, and the Court of Appeals erred by
concluding to the contrary. Applying Pohutski to the instant case, because this Court’s
decision in Covenant did not clearly establish a new principle of law, Covenant does not
satisfy Pohutski’s threshold question, and the Covenant decision therefore applies
retroactively.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 25, 2019
a1015
Clerk