Action for personal protection insurance (PIP) benefits under the No-Fault Act (MCL 500.3101 et seq.); MCL 500.3107; MCL 500.3157; Admire v. Auto-Owners Ins. Co.; “Allowable expense”; ZCD Transp., Inc. v. State Farm Mut. Auto. Ins. Co.; Cherry v. State Farm Mut. Auto. Ins. Co.; Healing Place at N. Oakland Med. Ctr. v. Allstate Ins. Co.; “Foster care”; MCL 400.704(8); “Adult foster care facility”; MCL 400.703(4); Licensing requirement; MCL 400.713(1); Healing Place, Ltd. v. Farm Bureau Mut. Ins. Co. of MI (Unpub.); Greentrees Civic Ass’n v. Pignatiello; Life Skills Vill., PLLC v. Nationwide Mut. Fire Ins. Co.

The court held that the trial court erred by denying defendant-insurer’s motion for summary disposition of plaintiff’s claim for PIP benefits. Plaintiff sued defendant alleging breach of contract and seeking a declaratory judgment as to defendant’s refusal to pay PIP benefits to his healthcare provider (ARCS). Defendant filed a motion for summary disposition arguing that the treatment provided was unlawfully rendered because it constituted foster care, and the provider was not a licensed adult foster care facility. On appeal, the court agreed with defendant that the trial court erred by denying its motion for summary disposition because regardless of who provided the personal care to plaintiff, the provision of that care rendered ARCS an adult foster care facility for which it had no license. “ARCS provided plaintiff with ‘supervision, personal care, and protection,’ and was not licensed as an adult foster care facility. The treatment it rendered was, for purposes of reimbursement under the” No-Fault Act, unlawful. Further, it was "undisputed that ARCS provided physical assistance to plaintiff through the weekly filling of his medication pillboxes.” Additionally, the trial court’s decision reviewed in Life Skills "was premised upon that portion of MCL 400.706(1) that states ‘that the development of both social and personal skills required to live in the least restrictive environment.’” Given that the clause in "MCL 400.706(1) is not at issue here, the ultimate conclusion in Life Skills" was distinguishable. Reversed and remanded.