Wilcox v. State Farm Mut. Auto. Ins. Co.

488 Mich. 1011

791 N.W.2d 723

Catherine WILCOX, Individually, and as Next Friend of Isaac Wilcox, a Minor, Plaintiff-Appellant,andSunrise Home Health Services, Inc., Intervening Plaintiff,

v.STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Docket No. 138602.

COA No. 290515.

Supreme Court of Michigan.

Dec. 29, 2010.

Prior report: 488 Mich. 929, 790 N.W.2d 139.

Order

On order of the Court, the motion for reconsideration of this Court's November 9, 2010 order is considered, and it is GRANTED for the limited purpose of clarifying the remand instructions issued by the Court of Appeals. The Court of Appeals stated that "[w]hether a cost constitutes an allowable expense is a question of law and so it is to be determined by the court, not the jury." Although whether an expense constitutes an "allowable expense" under MCL 500.3107(1)(a) is generally a question of law for the court, Griffith v. State Farm Mut. Automobile Ins. Co., 472 Mich. 521, 525-526, 697 N.W.2d 895 (2005), "the question whether expenses are reasonable and reasonably necessary is generally one of fact for the jury." Nasser v. Auto Club Ins. Assoc., 435 Mich. 33, 55, 457 N.W.2d 637 (1990). Therefore, to the extent that there are material questions of fact pertaining to whether the expenses in this case are reasonable and reasonably necessary, these questions of fact must be decided by a jury.

MICHAEL F. CAVANAGH...