W a Foote Memorial Hospital v. Michigan Assigned Claims Plan

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