C Dlt II v. Allstate Insurance Company ( 2023 )


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  •             If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
    revision until final publication in the Michigan Appeals Reports.
    STATE OF MICHIGAN
    COURT OF APPEALS
    DLT II, a legally protected person, by Next Friend                   UNPUBLISHED
    DANNY W. THOMASON, and DANNY W.                                      May 25, 2023
    THOMASON individually,
    Plaintiffs-Appellees,
    v                                                                    No. 360502
    Calhoun Circuit Court
    ALLSTATE INSURANCE COMPANY, also known                               LC No. 2011-000281-NF
    as ASMI AUTO INSURANCE,
    Defendant/Cross-Plaintiff/Cross-
    Defendant-Appellant,
    and
    MICHELLE HOFFMAN,
    Defendant/Cross-Defendant/Cross-
    Plaintiff.
    Before: MARKEY, P.J., and MURRAY and FEENEY, JJ.
    FEENEY, J (concurring).
    I concur in the result reached by the majority, but write separately to respectfully express
    my belief that Andary1 was correctly decided and we are bound to follow it. I believe there is no
    clear, direct and unequivocal intent expressed in 
    2019 PA 21
     and 
    2019 PA 22
     to apply the statute
    retroactively.
    /s/ Kathleen A. Feeney
    1
    See Andary v USAA Cas Ins Co, ___ Mich App ___; ___ NW2d ___ (2022) (Docket No. 356487),
    lv gtd 
    510 Mich 944
    ; 
    979 NW2d 823
     (2022).
    -1-
    

Document Info

Docket Number: 360502

Filed Date: 5/25/2023

Precedential Status: Non-Precedential

Modified Date: 5/26/2023