Lawsuit seeks to declare key elements of Michigan’s auto insurance reform unconstitutional

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In October of 2019, a lawsuit — Ellen M. Andary, Philip Krueger, & Eisenhower Center, v. USAA Casualty Insurance Company and Citizens Insurance Company of America — was filed in the Ingham County Court declaring portions of Michigan’s new auto insurance law as unconstitutional.

The 18-count lawsuit was filed by guardians of two catastrophically injured auto accident victims — along with the nationally renowned brain injury rehabilitation clinic Eisenhower Center — and names Citizens Insurance Company of America and USAA Casualty Insurance Company as the defendants. The victims, on whose behalf the lawsuit was filed, are Ellen Andary, of East Lansing, and Philip Krueger, of Ann Arbor.

The lawsuit primarily addresses two provisions — significant limitations placed on the right of survivors to receive reimbursement for in-home attendant care services provided by family members, and the non-Medicare 55% fee schedule that dramatically reduces the amount medical providers can be reimbursed by auto insurance companies for necessary care.

Dr. Andary described the law as “big government turning into Big Brother.”

“Catastrophically injured auto accident survivors, who have already been stripped of so much, will now be stripped of their right to privacy, as well,” he said. “We’re filing this lawsuit to protect the dignity and the rights of survivors like Ellen and my other patients.” 

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