If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN COURT OF APPEALS

DLT II, a legally protected person, by Next Friend UNPUBLISHED DANNY W. THOMASON, and DANNY W. May 25, 2023 THOMASON individually, Plaintiffs-Appellees, v No. 360502 Calhoun Circuit Court ALLSTATE INSURANCE COMPANY, also known LC No. 2011-000281-NF as ASMI AUTO INSURANCE, Defendant/Cross-Plaintiff/Cross- Defendant-Appellant, and MICHELLE HOFFMAN, Defendant/Cross-Defendant/Cross- Plaintiff.

Before: MARKEY, P.J., and MURRAY and FEENEY, JJ.

FEENEY, J (concurring).

I concur in the result reached by the majority, but write separately to respectfully express my belief that Andary1 was correctly decided and we are bound to follow it. I believe there is no clear, direct and unequivocal intent expressed in 2019 PA 21 and 2019 PA 22 to apply the statute retroactively.

/s/ Kathleen A. Feeney

See Andary v USAA Cas Ins Co, ___ Mich App ___; ___ NW2d ___ (2022) (Docket No. 356487), lv gtd 510 Mich 944; 979 NW2d 823 (2022).

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