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State must honor its contracts

It’s called sleight of hand – and it’s epitomized by the submitted opinion elsewhere on this page about auto no-fault reform. The claim is that these reforms are “saving drivers money.”

That’s the claim. But we have yet to hear anyone confirm that as fact. Rather, we’ve heard from people who say their costs have not gone down. For all the declarations about residents reaping rewards, we don’t see much transparency in that industry.

What we do see is obfuscation. Today’s letter purports to be some sort of a response to our editorial, but nowhere does it actually speak to the point of that editorial.

What we specifically wrote about on March 3 is the fact that the state is continuing to violate the contract it made with Michigan residents who suffered catastrophic injuries.

Before July 1, 2019, Michigan’s no-fault auto insurance law allowed people in serious vehicle crashes to receive 100-percent reimbursement for their medical costs. Experts in the industry called it the best system of care in the nation for traffic crash victims. These people had paid into a system that promised them 24/7 care for the rest of their lives.

But, in the spring of 2019, a complex package of reforms passed through the Legislature – in a matter of weeks. It was odd. It was so hastily approved in the middle of the night that some lawmakers didn’t even read the legislation they were voting on. There was no time for consideration, no time for public comment.

So the coverage for catastrophic crash victims and that level of care for them was omitted, driving many of these victims into nursing homes and many of their caregivers out of business.

Then the state Supreme Court ruled on July 31, 2023, in the Andary v. USAA Casualty Insurance Co. case that the changes lawmakers had enacted in 2019 to Michigan’s auto no-fault system did not apply retroactively. The crash survivor had a pre-existing contract for insurance coverage and 24/7 care. And USAA Casualty Insurance Co. was obligated to honor that contract. Other insurance companies are not necessarily obligated to do so.

Lawmakers need to set the record straight on this legislation so that all will do so. That was the editorial’s sole point.

The facts are clear. The human impact has been heartbreaking. Those who have personally witnessed the struggles of some of these families come away with a feeling of shame and outrage. Through their thoughtless haste and ignorance, our state Legislature has done great harm to these helpless citizens. And some of these victims have died because of it.

Our editorial said simply this: The state must honor the commitment that was made and our Legislature needs to act quickly to fix the situation.

We say that again today.

State Sen. John Damoose, R-Harbor Springs, told reporters earlier this month that these crash victims are in “dire straits.” Damoose has been outspoken in his support for legislation to restore these reimbursement rates and the state Senate has approved a proposal.

Hopes were expressed that the legislation would move swiftly at that point. But it languished in the House until, 10 days ago, Speaker Joe Tate summarily removed it from the House Insurance and Financial Services committee, saying legislators had more pressing concerns to consider.

Now any action to address this problem appears to be in some sort of legislative limbo.

A cynic would focus on the fact that these victims, catastrophically injured and without the therapy and care they had received, are dying — no doubt at a faster rate than they were before.

Insurance companies may not be quick to correct omissions; but they sure are guided by their actuarial tables.

So, when you think about it, delay is a good strategy for them. Hold up any progress in the state Legislature. Appeal every case that goes to court. Meanwhile, these crash victims are dying, some in pretty horrific situations.

But the longer the delay, the fewer victims they have to pay.

— Traverse City Record-Eagle

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