Wayne County Circuit Court
Mitch Parsons and Magdich Law won summary disposition pursuant to MCR 2.116(C)(8) and MCR 2.116(C)(10). Plaintiff, a surgical facility, filed suit pursuant to an assignment of benefits. The assignment language, however, was included in Plaintiff's consent for treatment form, and Defendant argued it was an invalid assignment of future benefits pursuant to MCL 500.3143. The Court agreed with Defendant that because the assignment was part of the consent for treatment, and therefore was executed prior to the alleged benefit being incurred, it was an assignment of a future benefit and was void.