Canty v. Mason

Summary

The Court held that a plaintiff who waived PIP coverage because of Medicare must mitigate tort damages by making reasonable efforts to obtain Medicare payments for treatment provided by Medicare-participating providers. It also held that the no-fault act's reimbursement limitations do not apply to a tort claim for allowable expenses under MCL 500.3135(3)(c), because that provision adopts a limited statutory definition of allowable expenses and does not incorporate MCL 500.3157. The judgment was affirmed in part, reversed in part, and remanded.