C Dlt II v. Allstate Insurance Company ( 2023 )

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
STATE OF MICHIGAN
COURT OF APPEALS
DLT II, a legally protected person, by Next Friend UNPUBLISHED
DANNY W. THOMASON, and DANNY W. May 25, 2023
THOMASON individually,
Plaintiffs-Appellees,
v No. 360502
Calhoun Circuit Court
ALLSTATE INSURANCE COMPANY, also known LC No. 2011-000281-NF
as ASMI AUTO INSURANCE,
Defendant/Cross-Plaintiff/Cross-
Defendant-Appellant,
and
MICHELLE HOFFMAN,
Defendant/Cross-Defendant/Cross-
Plaintiff.
Before: MARKEY, P.J., and MURRAY and FEENEY, JJ.
FEENEY, J (concurring).
I concur in the result reached by the majority, but write separately to respectfully express
my belief that Andary1 was correctly decided and we are bound to follow it. I believe there is no
clear, direct and unequivocal intent expressed in 2019 PA 21 and 2019 PA 22 to apply the statute
retroactively.
/s/ Kathleen A. Feeney
1
See Andary v USAA Cas Ins Co, ___ Mich App ___; ___ NW2d ___ (2022) (Docket No. 356487),
lv gtd 510 Mich 944; 979 NW2d 823 (2022).
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