C-Spine Orthopedics Pllc v. Progressive Michigan Insurance Company

Summary

The Michigan Supreme Court held that both plaintiffs had standing to pursue no-fault benefits but were not the real parties in interest when they filed because they had assigned their claims. The Court held that real-party-in-interest defects may be cured through appropriate litigation steps, and that the one-year-back rule affects recovery rather than real-party-in-interest status. It affirmed and remanded the C-Spine matter on alternate grounds and reversed, vacated in part, and remanded the Wallace matter for consideration of equitable rescission and cure of the filing defect.