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