DETROIT MEDICAL CENTER V CITIZENS INS CO
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
DETROIT MEDICAL CENTER and LAKELAND
NEUROCARE CENTER,
UNPUBLISHED
May 15, 2007
Plaintiffs-Appellees/CrossAppellants,
No. 266444
Wayne Circuit Court
LC No. 04-414772-NF
v
CITIZENS INSURANCE COMPANY,
Defendant-Appellant/CrossAppellee,
and
AUTO CLUB INSURANCE ASSOCIATION,
Defendant-Appellee/Cross-Appellee.
Before: Neff, P.J., and O’Connell and Murray, JJ.
O’CONNELL, J. (concurring in part and dissenting in part).
I concur with the majority opinion’s analysis, but I disagree with its final resolution. The
trial court correctly determined that the injured party had not “taken” the car “unlawfully” within
the meaning intended by MCL 500.3113(a). At that point, defendant ACIA’s duty to pay the
injured party’s medical obligations was absolute and arguably overdue. MCL 500.3172(1);
MCL 500.3148(1). Although I agree that ACIA was prematurely dismissed, I disagree with any
resolution short of immediately granting plaintiffs summary disposition against ACIA on
remand.
One of the most appealing aspects of our no-fault system is its capability of providing
abrupt financial reimbursement to medical professionals who extend their emergency services on
credit to those suddenly and seriously injured in automobile accidents. This is the noble and
intended objective of the no-fault act which, to date, has not been accomplished. Nevertheless,
the majority opinion remands for further proceedings to sort out which insurer really should
reimburse plaintiffs for treating the injured party. Instead, it should first recognize that, beyond
all doubt, ACIA must immediately reimburse plaintiffs and then seek reimbursement for itself.
Id. Moreover, I would urge plaintiffs to move for attorney fees against ACIA because of its
-1-
undue delay in assuming the obligation. MCL 500.3148(1). In all other respects, I concur with
the majority opinion.
/s/ Peter D. O’Connell
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
