Frances a Miller v. Blue Cross Blue Shield of Michigan

Michigan Supreme Court

Frances a Miller v. Blue Cross Blue Shield of Michigan

DecidedMay 12, 2017

Docket154591

StatusPublished

This text of Frances a Miller v. Blue Cross Blue Shield of Michigan (Frances a Miller v. Blue Cross Blue Shield of Michigan) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frances a Miller v. Blue Cross Blue Shield of Michigan, (Mich. 2017).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

May 12, 2017 Stephen J. Markman, Chief Justice

154591 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen FRANCES A. MILLER, Kurtis T. Wilder, Petitioner-Appellee, Justices

v SC: 154591 COA: 326300 Washtenaw CC: 11-001099-AA BLUE CROSS BLUE SHIELD OF MICHIGAN, Respondent-Appellant, and

OFFICE OF FINANCIAL AND INSURANCE REGULATION, Respondent.

_________________________________________/

On order of the Court, the application for leave to appeal the September 6, 2016 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Washtenaw Circuit Court for entry of an order denying the petitioner’s motion for attorney fees and costs. There is no basis in this case to conclude that respondent presented a position that was “grossly lacking in the requirements of propriety, violated court rules, or grossly disregarded the requirements of a fair presentation of the issues to the court.” MCR 7.216(C). Further, the Court of Appeals erred by equating the circuit court’s invalid finding of frivolousness under MCL 600.2591 with a finding of vexatiousness under MCR 7.216(C).

WILDER, J., took no part in the decision of this case.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. May 12, 2017 p0509 Clerk

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Order Michigan Supreme Court Lansing, Michigan

May 12, 2017 Stephen J. Markman, Chief Justice

154591 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen FRANCES A. MILLER, Kurtis T. Wilder, Petitioner-Appellee, Justices

v SC: 154591 COA: 326300 Washtenaw CC: 11-001099-AA BLUE CROSS BLUE SHIELD OF MICHIGAN, Respondent-Appellant, and

OFFICE OF FINANCIAL AND INSURANCE REGULATION, Respondent.

_________________________________________/

On order of the Court, the application for leave to appeal the September 6, 2016 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Washtenaw Circuit Court for entry of an order denying the petitioner’s motion for attorney fees and costs. There is no basis in this case to conclude that respondent presented a position that was “grossly lacking in the requirements of propriety, violated court rules, or grossly disregarded the requirements of a fair presentation of the issues to the court.” MCR 7.216(C). Further, the Court of Appeals erred by equating the circuit court’s invalid finding of frivolousness under MCL 600.2591 with a finding of vexatiousness under MCR 7.216(C).

WILDER, J., took no part in the decision of this case.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. May 12, 2017 p0509 Clerk

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Bluebook (online)

Frances a Miller v. Blue Cross Blue Shield of Michigan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frances-a-miller-v-blue-cross-blue-shield-of-michigan-mich-2017.