Shavers v. Attorney General of State
Decision Date | 03 February 1982 |
Docket Number | 57931,57934 and 57935,Nos. 57916,s. 57916 |
Citation | 412 Mich. 1105,315 N.W.2d 130 |
Parties | Catherine SHAVERS, et al., Plaintiffs, v. ATTORNEY GENERAL OF the STATE of Michigan, et al., Defendants. 412 Mich. 1105, 315 N.W.2d 130 |
Court | Michigan Supreme Court |
On order of the Court, the opinion in Shavers v. Attorney General,402 Mich. 554, 267 N.W.2d 72 (1978), subsequent legislation (1979 P.A. 145 and 1979 P.A. 147), the briefs of the parties, the oral argument in this Court, and the opinion of the Wayne Circuit Court after our November 21, 1979, order of remand are considered. Because there has been no further claim that this act, as recently amended, is unconstitutional, we decline to so hold. However, this order should not be construed as foreclosing future attacks on the constitutionality of the act based upon the concerns expressed in our opinion. For the reason just stated, the judgment of the trial court in this case is AFFIRMED.
LEVIN, J., dissents and states as follows:
In Shavers v. Attorney General, 402 Mich. 554, 593, 607-610, 267 N.W.2d 72 (1978), this Court remanded this matter to the trial court retaining jurisdiction and stated:
Subsequently, the Legislature amended the Insurance Code by enacting the Essential Insurance Act, 1979 P.A. 145 and 1979 P.A. 147. This Court then entered the following order:
"COLEMAN, C. J., and RYAN, J., state: We concur in the Court's order in all respects save that provision thereof which directs trial court consideration of the 'Insurance Commissioner's Rules' because the referenced rules have not been approved and adopted pursuant to the provisions of the Administrative Procedures Act, 1969 P.A. 306, effective July 1, 1970, as amended." 407 Mich. 1153-1154.
Thereafter, the circuit judge, in an opinion dated June 16, 1980, said:
To continue reading
Request your trial-
Andary v. USAA Cas. Ins. Co.
...has been the subject of continual debate, praise, criticism, amendment, and litigation since its creation and this Court's decision in Shavers. Despite challenges, for nearly 50 years, statutory law has mandated that PIP benefits under automobile insurance policies provide, at minimum, for ......
-
Kreiner v. Fischer, Docket No. 124120
...it. As our subsequent order in Shavers demonstrates, the Legislature did correct it through 1979 PA 145 and 1979 PA 147. 412 Mich. 1105, 315 N.W.2d 130 (1982). We also discussed in Shavers the compromise rationale of the The goal of the no-fault insurance system was to provide victims of mo......
-
Turner v. Auto Club Ins. Ass'n
...Mich. 554, 578-579, 267 N.W.2d 72 (1978), cert. den., 442 U.S. 934, 99 S.Ct. 2869, 61 L.Ed.2d 303 (1979), (After Remand ), 412 Mich. 1105, 315 N.W.2d 130 (1982), "The goal of the no-fault insurance system was to provide victims of motor vehicle accidents assured, adequate, and prompt repara......
-
Simmons v. Westin Hotel Co., 85-1694
...345, 349-50 (1974); Shavers v. Attorney General, 402 Mich. 554, 597 (1978), cert. denied, 442 U.S. 934 (1979), appeal after remand, 412 Mich. 1105 (1982). Simmons did not allege state action in his complaint or in his affidavit supporting his opposition to summary judgment. Absent such an a......