# W a Foote Memorial Hospital v. Michigan Assigned Claims Plan

> Michigan Court of Appeals · August 31, 2017 · 321 Mich. App. 159

URL: https://www.frixlaw.com/law-library/cases/9878233

## Case

- **Full name:** 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, and John Doe Insurance Company, Defendant.
- **Court:** Michigan Court of Appeals
- **Decided:** August 31, 2017
- **Citations:** 321 Mich. App. 159; 909 N.W.2d 38
- **Precedential status:** Published
- **Opinion:** Concurrence by Krause
- **Judges:** Boonstra, Krause, Swartzle
- **Cited by:** 67 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9878233

## How later opinions describe it (automated extraction)

- recognizing, in the context of rejecting the assertion that standing was waived, that "it is clear that counsel was aware that then-applicable Court of Appeals precedent likely would have rendered any [argument regarding standing] futile"
- recognizing that the Court of Appeals serves as an “error-correcting Court.”

## Opinion text

Ronayne Krause, J. (concurring).
*197 I respectfully concur with the majority's conclusion that Covenant Med. Ctr., Inc. v. State Farm Mut. Ins. Co. , 500 Mich. 191 , 895 N.W.2d 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9878233. Public record. Not legal advice.