BEST CARE REHABILITATION INC V ALLSTATE INS CO

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STATE OF MICHIGAN COURT OF APPEALS BEST CARE REHABILITATION, INC., UNPUBLISHED March 20, 2007 Plaintiff-Appellee, v No. 272395 Wayne Circuit Court LC No. 05-527836-NO ALLSTATE INSURANCE COMPANY, Defendant-Appellant. Before: Markey, P.J., and Murphy and Kelly, JJ. KELLY, J. (concurring). I concur in the result reached by the majority, but only because I am compelled to do so pursuant to MCR 7.215(J)(1). But for the precedential effect of Miller v Allstate Ins Co, 272 Mich App 284; 726 NW2d 54 (2006), I would conclude that plaintiff is not authorized by MCL 500.3157 to “charge a reasonable amount for the products, services and accommodations rendered.” /s/ Kirsten Frank Kelly -1-

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