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Victory at the Court of Appeals

posted on August 01, 2014 by Kimberlee A. Hillock

Does the Freedom of Information Act Always Apply?

Our team of insurance and appellate experts were asked to write an amicus brief (on behalf of the Insurance Institute of Michigan and Michigan Insurance Coalition) regarding a recent case cited in The Journal of Insurance and Indemnity Law (of the State Bar of Michigan).  The case’s decision affirmed that the Michigan Catastrophic Claims Association (MCCA) is not required under the Freedom of Information Act (FOIA) to release claim information regarding its members.  The trial court had previously determined that this association was required to relinquish the information because it is a public body created by statute.  However, the Court of Appeals reversed this decision stating that a particular statute in the FOIA exempts the MCCA from disclosure.  

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