Order Michigan Supreme Court
Lansing, Michigan
October 19, 2007 Clifford W. Taylor,
Chief Justice
133671 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
MICHIGAN REHABILITATION CLINIC, INC., Stephen J. Markman,
P.C., and DR. JAMES NIKOLOVSKI, Justices
Plaintiffs-Appellees,
v SC: 133671
COA: 263835
Oakland CC: 2003-047671-NF
AUTO CLUB GROUP INSURANCE COMPANY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 4, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REMAND this case to the Court of Appeals. The
Court of Appeals erred by holding that defendant was obligated to pay benefits when the
health insurers did not cover plaintiffs’ services, because the relevant contractual
language exempts defendant from paying benefits if a health insurer offers “comparable
services.” On remand, the Court of Appeals shall order the trial court to consider
whether the insureds’ health insurers offered “comparable services.” If so, then
defendant is not required to pay benefits under the actual language of the contract. Only
if “comparable services” were not offered should the trial court consider whether the
services were “reasonably necessary.”
We do not retain jurisdiction.
I, Corbin R. Davis, 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 19, 2007 _________________________________________
p1016 Clerk