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150001 - Coalition Protecting Auto No-Fault v MI Catastrophic Claims

Coalition Protecting Auto No-Fault, Brain Injury Association of Michigan, Ilene Ikens, Richard Ikens, Kenneth Wisser, Susan Wisser, Gregory Wolfe and Karen Wolfe,
Joanne Geha Swanson
(Appeal from Ct of Appeals)
(Ingham – Canady, C.)
Michigan Catastrophic Claims Association,
Lori M. McAllister


This case involves the request of the Coalition Protecting Auto No-Fault to inspect certain of records of the MI Catastrophic Claims Ass’n (MCCA) premised on the Michigan Freedom of Information Act (FOIA). The MCCA was created by the Legislature to protect no-fault automobile insurers from catastrophic losses arising from their obligation to pay or reimburse no-fault policyholders’ medical expenses. The Supreme Court directed oral argument on the application to determine whether to grant the application or take other action. The issue to be addressed is whether MCL 500.134 violates Const 1963, art 4, § 25 by creating an exemption to the Freedom of Information Act (FOIA – MCL 15.231 et seq.) without reenacting and republishing the sections of FOIA that are altered or amended.