ADVISACARE HEALTHCARE SOLUTIONS INC V AUTO OWNERS INSURANCE CO

Court of Appeals, State of Michigan
ORDER
ADVISACARE HEALTHCARE SOLUTIONS INC V AUTO
OWNERS INSURANCE CO
Docket Nos. 366353; 366546
LC No. 18-004210-NF
Brock A. Swartzle
Presiding Judge
Christopher M. Murray
Matthew S. Ackerman
Judges
This matter is before the Court on remand from the Supreme Court. In that remand order,
the Court ordered consideration of the following four questions: (1) whether the defendants created the
one-year-back argument through false answers to requests for admissions; (2) whether the insureds
assigned their claims to the plaintiff in a consolidated action against both of the defendants; (3) whether
the misnomer doctrine should apply; and (4) whether the directed verdict motion was procedurally
improper and unsupported by evidence. AdvisaCare Healthcare Solutions, Inc v Auto-Owners Ins Co,
___ Mich ___; 28 NW3d 322 (2025). The parties are ordered to file supplemental briefs addressing these
four issues, as well as the effect, if any, that their conclusions to these issues have on the ultimate
disposition of this appeal. While addressing issue (1), the parties should discuss the ramifications, if any,
of Auto-Owners not moving to amend its admissions, see MCR 2.312(D)(1), and the effect of Auto-
Owners’ repeated representations in this matter and in the Schulzes’ consolidated lawsuit against Home-
Owners, that it was either the responsible insurer or was acting on Home-Owners’ behalf (such as Auto-
Owners paying the settlement in the Schulzes’ matter, and corresponding with providers seeking medical
information on the insureds on behalf of Auto-Owners and/or Home-Owners).
Briefs shall not exceed 20 pages, and shall be filed within 21 days of the Clerk’s
certification of this Order.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr., Chief Clerk, on
Date

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