Our attendant care claim attorneys recently settled a lawsuit against Auto Owners Insurance Company in the Wayne County Circuit Court. The claim was filed on behalf of a client who suffered serious injuries in a Michigan car accident. During the period of recovery and continuing into the future, the client required attendant care services for his supervision and well-being. His family members provided the attendant care services for him.
Once it is established that a person requires and is provided attendant care, the insurance company is obligated to pay for the attendant care regardless of whether it is being provided by family or friends. The moral obligations of family members to care for one another are completely irrelevant to an insurer's liability for payment of attendant care provided by family and friends. Michigan law is well-established that a family member can provide the attendant care services to another family member.
In this case, Auto-Owners Insurance Company refused to pay the fair rate to the family member who provided the services at home. We filed a lawsuit seeking payment of past benefits and an agreement to pay attendant care benefits in the future. The insurance company agreed to pay a settlement of $22,000 for past due benefits as well as pay for future attendant care services. The matter settled prior to trial.