FOOTE MEMORIAL HOSPITAL ALLEGIANCE HEALTH v JOHN DOE INSURANCE COMPANY (2017)

Court of Appeals of Michigan.

W A FOOTE MEMORIAL HOSPITAL, doing business as ALLEGIANCE HEALTH, Plaintiff-Appellant, v MICHIGAN ASSIGNED CLAIMS PLAN and MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY, Defendants-Appellees, JOHN DOE INSURANCE COMPANY, Defendant.

No. 333360

Decided: August 31, 2017

Before: BOONSTRA, P.J., and RONAYNE KRAUSE and SWARTZLE, JJ.

I respectfully concur with the majority's conclusion that Covenant Med Ctr, Inc v State Farm Mut Ins Co, ___ Mich ___; 895 NW2d 490 (2017), applies retroactively and that plaintiff must be afforded an opportunity to amend its pleadings. I am merely unpersuaded that there is any sufficient reason present in this matter for departing from the general rule that decisions from our Supreme Court should be given retroactive effect by default.

Amy Ronayne Krause

RONAYNE KRAUSE, J. (concurring).

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