Plaintiff, ZCD Transportation, Inc., appeals as of right a circuit court order granting the motion for summary disposition of defendant, State Farm Mutual Automobile Insurance Company, pursuant to MCR 2.116(C)(10) in this action to recover first-party no-fault benefits. We affirm in part, reverse in part, and remand for further proceedings.
Arnold Grinblatt was injured in an automobile accident in 2001. Before the accident, Grinblatt was unаble to walk and got around using a personal mobility
Defendant objected to paying for plaintiffs personal trips and for medical transportation costs to the extent that plaintiff sought compensation for times when Grinblatt was not actually in the vehicle being transported. The trial court granted defendant’s motion for summary disposition under MCR 2.116(C)(10).
The trial court’s ruling on a motion for summary disposition is reviewed de novo on appeal. Moser v Detroit,
Under the no-fault act, an insurance company is “required to provide first-party insurance benefits . .. for certain expenses and losses.” Johnson v Recca,
(a) Allowable expenses consisting of all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation[, and]
(c) Expenses not exceeding $20.00 per day, reasonably incurred in obtaining ordinary and necessary services in lieu of those that, if he or she had not been injured, an injured person would have performed during the first 3 years after the date of the accident, not for income but for the benefit of himself or herself or of his or her dependent. [MCL 500.3107(1)].
Because benefits are only payable for accidental injury arising out of the ownership, operation, mаintenance, or use of a vehicle and benefits include allowable expenses, the allowable expenses must be “causally connected to the accidental bodily injury arising out of an automobile accident.” Griffith v State Farm Mut Auto Ins Co,
The terms “care,” “recovery,” and “rehabilitation” are to be given their ordinary meanings. Hamilton v AAA Mich,
Allowable expenses and replacement services are two “separate and distinct categories” of benefits. Johnson,
An expense is “reasonably necessary” if (1) it is objеctively reasonable and (2) it is necessary for the insured’s care, recovery, or rehabilitation. Krohn v Home-Owners Ins Co,
We agree with defendant that transportation expenses unrelated to medical treatment are not recovеrable even if prescribed by a doctor as being necessary for the patient’s care, recovery, and rehabilitation.
On the other hand, it has long been recognized that the cost of transportation and mileage to and from medical appointments are allowable expenses. Davis v Citizens Ins Co of America,
The record also shows that plaintiff charged a separate mileage fee for actually transporting Grinblatt аnd often charged for more miles than he actually traveled. To that extent, plaintiff sought payment for transportation services not actually rendered. Therefore, the trial court prоperly concluded that defendant was entitled to judgment to the extent that plaintiff sought payment for mileage beyond that actually traveled by Grinblatt.
Affirmed in part, reversed in part, and remanded for further proceedings not inconsistent with this opinion. We do not retain jurisdiction.
Notes
The doctor wrote the prescription as dictated to him by Grinblatt “under the presumption that [it] would be submitted to the insurer and that would be the insurer’s decision as to what was covered.” While the doctor testified that rehabilitation included participation in social or recreational activities and “community reintеgration,” the tenor of his testimony was that the social and community aspects of rehabilitation were necessary for a patient’s complete recovery in that they were part of a normal lifestyle but it was up to the lawyers and insurance companies to determine what was compensable under the no-fault act.
