Another Step Forward v. State Farm Mutual Automobile Insurance

367 F. App'x 648
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 4, 2010
Docket09-1551
StatusUnpublished
Cited by1 cases

This text of 367 F. App'x 648 (Another Step Forward v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Another Step Forward v. State Farm Mutual Automobile Insurance, 367 F. App'x 648 (6th Cir. 2010).

Opinion

OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants Another Step Forward and the Healing Place of Detroit, Inc. (collectively, “the Providers”) sued Defendant-Appellee State Farm Mutual Automobile Insurance Co. (“State Farm”) to collect payment for health care services they provided to one of State Farm’s insureds, Michael Morgan, who suffered a brain injury resulting from an automobile accident. The Providers sought reimbursement under both a breach-of-contract theory and under Michigan’s no-fault act. See Mich. Comp. Laws. §§ 500.3101-500.3179. They also brought claims of business defamation and tortious interference with a contractual relationship. The district court granted State Farm summary judgment on all claims, holding that the Providers’ statutory cause of action *649 under the no-fault act was barred by collateral estoppel and that their claims of breach of contract, business defamation, and tortious interference with a contractual relationship failed as a matter of law. The Providers appeal the grant of summary judgment.

We review de novo a district court’s grant of summary judgment. Barrett v. Whirlpool Corp., 556 F.3d 502, 511 (6th Cir.2009). Summary judgment is proper “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). When considering a motion for summary judgment, this Court construes factual evidence in the light most favorable to the non-moving party and makes all reasonable inferences in that party’s favor. Barrett, 556 F.3d at 511; see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The central issue in considering a motion for summary judgment is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52,106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “The availability of summary judgment in diversity actions is governed by the federal standard, ... rather than by state law.” Biegas v. Quickivay Carriers, Inc., 573 F.3d 365, 374 (6th Cir.2009) (citing Gafford v. Gen. Elec. Co., 997 F.2d 150, 165-66 (6th Cir.1993)). In diversity cases, we review de novo a district court’s determination of state law. Andrews v. Columbia Gas Transmission Corp., 544 F.3d 618, 624 (6th Cir.2008).

The district court analyzed the Providers’ breach of contract, business defamation, and tortious interference claims on the merits and found that State Farm was entitled to summary judgment on all three. The Providers appealed the grant of summary judgment on these claims, but have failed to present any substantive argument in support of their claim that the district court’s ruling was in error. After carefully reviewing the record, the applicable law, and the parties’ briefs, we conclude that the district court was correct in its determination that State Farm was entitled to summary judgment on these claims. Because the district court’s opinion correctly sets out the law governing the issues raised and clearly articulates the reasons underlying its decision, a full written analysis of these claims by this Court would serve no useful purpose. Accordingly, we affirm the grant of summary judgment on these claims for the reasons stated in the district court’s opinion and order.

We also affirm the district court’s grant of summary judgment on the Providers’ statutory claim under Michigan’s no-fault act on the merits without reaching the issue of collateral estoppel. See Aber-crombie & Fitch Stores, Inc. v. Am. Eagle Outfitters, Inc., 280 F.3d 619, 629 (6th Cir.2002) (“[W]e may affirm [a grant of summary judgment] on any grounds supported by the record even if different from the reasons of the district court.”). The Providers failed to meet their burden to show that there was a genuine issue of material fact as to whether the services they provided to Morgan were lawfully rendered and compensable under the no-fault act. Therefore, State Farm was entitled to summary judgment on this claim.

In Nasser v. Auto Chib Insurance Association, 435 Mich. 33, 457 N.W.2d 637 (1990), the Michigan Supreme Court held that a claimant pursuing no-fault benefits has the burden of proving that the expenses incurred were both reasonable and necessary under Mich. Comp. Laws *650 § 500.3107. Nasser, 457 N.W.2d at 645. “Where a plaintiff is unable to show that a particular, reasonable expense has been incurred for a reasonably necessary product and service, there can be no finding of a breach of the insurer’s duty to pay that expense, and thus no finding of liability with regard to that expense.” Id. In Cherry v. State Farm Mutual Automobile Insurance Co., 195 Mich.App. 316, 489 N.W.2d 788 (1992), the Michigan Court of Appeals held that the requirements of Mich. Comp. Laws § 500.3107 must be read in conjunction with Mich. Comp. Laws § 500.3157, which requires that treatment be “lawfully render[ed].” Cherry, 489 N.W.2d at 790. Further, the Cherry court held that “only treatment lawfully rendered, including being in compliance with licensing requirements, is subject to payment as a no-fault benefit.” Id. (emphasis added).

The Providers failed to demonstrate that there is a genuine issue of material fact as to whether Morgan’s treatment was lawfully rendered. Once State Farm submitted its motion for summary judgment, the Providers were required to “set forth specific facts showing that there [was] a genuine issue for trial.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505 (internal quotation marks omitted). The Providers failed to meet this burden because they did not produce adequate evidence detailing their treatment of Morgan. Although the Providers produced several affidavits opining that the Providers were not required to have adult foster-care or psychiatric-facility licenses, these affidavits did not include details about Morgan’s treatment. Most of the affiants did not indicate any familiarity with Morgan’s treatment.

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Bluebook (online)
367 F. App'x 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/another-step-forward-v-state-farm-mutual-automobile-insurance-ca6-2010.