MBL’s Appeals team, led by Executive Partner Kaitlyn Cramer and Attorney Kim Cloud, successfully defended a prior win in the Michigan Court of Appeals upon remand from the Michigan Supreme Court. In Centria Home v Allstate, the plaintiff appealed to the Supreme Court after the Court of Appeals affirmed that they had failed to meet their burden of proof to demonstrate why their charges were reasonable under the No-Fault Act. The Supreme Court remanded the case to the Court of Appeals for further analysis of MCL 500.3112 and the plaintiff’s ability to bring their own cause of action. Cramer and Cloud petitioned the Court of Appeals for the opportunity to brief this issue again on remand, which was successful. They argued that the cause of action issue did not affect the outcome – that Plaintiff still needed to meet their burden of proof as to why their charges were in such excess of what they paid caregivers. Essentially, they needed to prove what was the “incurred” charge, and they had failed to do so. The Court of Appeals agreed in a second opinion, largely adopting the reasoning from MBL’s brief.

Dated: March 27, 2025