Michigan Court of Claims Decision Is Another Example of Chaos Created by 2019 Auto Insurance Law

BRIGHTON, Mich.—(Feb. 25, 2025)—The below statement can be attributed to Tom Judd, executive director of the Michigan Brain Injury Provider Council (MBIPC), in response to a recent decision by the Michigan Court of Claims to strike down a bulletin issued by the state Department of Insurance and Financial Services (DIFS).  

“The recent decision by Court of Claims Judge Christopher P. Yates, expanding the applicability of the 2023 Supreme Court Andary decision, is another example of the chaos created by the 2019 auto no-fault reform law. In an odd twist, it was the insurance companies complaining about the interpretation and guidance of the Department of Insurance and Financial Services (DIFS), further cementing the failed legacy of the 2019 law. Chaos will surely continue in the court system as uncertainty remains for many issues stemming from the ramifications of the reform law, but two things remain unchanged – the law has done nothing to reduce insurance rates, and it has emboldened the delay and deny tactics of auto insurance companies, resulting in a crisis in care for catastrophically injured drivers.

Ending both this chaos and the crisis in care can only come through legislative action. MBIPC is optimistic that there are enough lawmakers that want to work in a bipartisan way to end this sad chapter in our state’s history by passing reasonable solutions ensuring people have access to the benefits they are paying for. If DIFS is truly interested in being ‘committed to ensuring continuity of care for those injured in auto accidents’ as Director Anita Fox stated, then they should be part of solution development rather than continuing their recent history of opposing any changes to the 2019 law.”