Miller v. Allstate Insurance Company

Order                                                                                       Michigan Supreme Court
                                                                                                  Lansing, Michigan

  March 28, 2007                                                                                        Clifford W. Taylor,
                                                                                                                Chief Justice

  132352                                                                                              Michael F. Cavanagh
                                                                                                      Elizabeth A. Weaver
                                                                                                             Marilyn Kelly
                                                                                                        Maura D. Corrigan
  WILLIAM MILLER,                                                                                     Robert P. Young, Jr.
           Plaintiff-Appellee,                                                                        Stephen J. Markman,
                                                                                                                     Justices

  v        	                                                       SC: 132352     

                                                                   COA: 259992      

                                                                   Wayne CC: 03-325030-NF

  ALLSTATE INSURANCE COMPANY, 

            Defendant,

            Cross-Defendant-Appellant, 

  and
  PT WORKS, INC.,

            Cross-Plaintiff-Appellee.                  


  _________________________________________/

         On order of the Court, the application for leave to appeal the September 19, 2006
  judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
  lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and
  we REMAND this case to the Court of Appeals to determine whether PT Works may
  properly be incorporated solely under the Business Corporations Act and not the
  Professional Services Corporations Act, and, once that determination is made, to
  reconsider (if necessary) whether physical therapy provided by PT Works was “lawfully
  rendered” under MCL 500.3157.

        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.
                          March 28, 2007                      _________________________________________
           t0321                                                              Clerk