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STATE OF MICHIGAN COURT OF APPEALS

MICHIGAN HEAD & SPINE INSTITUTE, P.C., Plaintiff-Appellee, V STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

FOR PUBLICATION February 12, 2013 9:05 a.m. No. 307253 Oakland Circuit Court LC No. 2011-009431-AV

Before: MURPHY, C.J., and DONOFRIO and GLEICHER, JJ. DONOFRIO, J. Defendant appeals by leave granted the trial court's order granting partial summary disposition in favor of plaintiff in this action for reimbursement of medical expenses under the no-fault act, MCL 500.3101 et seq. Because defendant's insured executed a release that barred plaintiff's claim for reimbursement, we reverse and remand for entry of summary disposition in favor of defendant. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY This case stems from a motor vehicle accident that occurred on January 20, 2008. Pellumbesha Biba, who was insured under a no-fault policy that defendant issued, was injured in the accident. On July 30, 2009, in exchange for $35,000 and in settlement of ongoing litigation with defendant, Biba executed a release, which stated in pertinent part: For the sole consideration of the amount of $35,000.00, Pellumbesha Biba . . . does hereby release and discharge [defendant] . . . from any and all claims and demands for no-fault insurance benefits, of any kind whatsoever, for any and all expenses incurred to date and/or which may be incurred at any time in the future by or on behalf of Pellumbesha Biba arising out of [the] accident . . . including but not necessarily limited to: 1. Other than explained in the paragraph below, any and all allowable expenses of any kind whatsoever for reasonably necessary products, services, and accommodations for [Biba's] care, recovery, or rehabilitation, including, but not limited to, medical, psychiatric, psychological, counseling, dental, chiropractic, medication, mileage, caretaking, attendant care, skilled nursing care, assistant care -1-

and/or skilled care from the date of the above accident through the present and/or which may be incurred at any time in the future. 2. Any and all lost wages that have been incurred from the time of the above accident to the present and/or which may be incurred at any time in the future which may be caused by or related to the injuries claimed to have been sustained by the undersigned in the subject accident. 3. Any and all interest charges which would have been owed or owing pursuant to

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Michigan Law