CPAN Members Encouraged to Attend Supreme Court Oral Arguments for Wilcox v. State Farm

Michigan Supreme Court will hear Oral Argument on the Wilcox v. State Farm on Thurs., November 4, starting at 9:30a at the Hall of Justice (Lansing).  This case deals with the very significant issues addressed in the Griffith v. State Farm case around causation and what is a reasonably necessary and an allowable expense.  CPAN filed an amicus brief and strongly encourages CPAN members to attend the oral argument on Thursday.

Specifically, the court will have an opportunity to reject the insurance industry’s “incrementalism” theory that the Griffith Decision only obligates no-fault insurers to pay the portion of expenses incurred by a catastrophically injured accident victim that represents the incremental increase in the victims’ post accident needs from what the victim’s needs would have been before the accident. 

Under this interpretation, if the catastrophically injured victims are unable to live in the homes they occupied prior to the accident and now require special, barrier free accommodations, no-fault insurers would not be required to pay the portion of the new housing costs that represents what the victims’ housing needs would have been before the accident.  The same principle would apply to catastrophically injured victims who, as a result of their injury, require special handicap accessible vans.  Under the insurance industry’s interpretation of Griffith, the no-fault insurer would not be required to purchase the van, but only to pay for the special equipment.