Residential Care (Griffin) v Progressive

Friday July 30, 2021

Sajid M. Islam obtained partial summary disposition in a lawsuit, in which a provider of services claimed first-party No-Fault benefits from Progressive Michigan Insurance Company for services provided to Progressive’s insured. The provider submitted claims for providing housing, nutritional supplies, household items, hygiene supplies and other services performed by its employees for which it claimed that it was entitled to payment of a per diem rate. Sajid prepared a Motion for Summary Disposition seeking dismissal of the plaintiff’s entire claim and argued that Plaintiff provided nothing but ordinary, everyday services, which were not compensable under the No-Fault Act. After oral arguments, the court entered an order stating the plaintiff was not entitled to reimbursement of any expenses other than for the cost of housing, including the nutritional supplies, household items, hygiene supplies and services performed by plaintiff’s employees, which represented a majority of Plaintiff’s claims. The court found a question of fact as to whether the housing expenses were compensable.

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