Suing For Medical Bill Balances

McGill v. Automobile Ass'n, 207 Mich. App. 402  (1994)

The insureds were involved in claims where their insurance companies had paid a portion of their medical bills, but denied payment of the balance as being unreasonable charges. The insureds sought declaratory relief and an injunction ordering the insurance companies to pay the full amount of their medical bills, and to certify their suit as a class action. The insureds contended that the insurance companies' failure to pay their full medical bills could result in health care providers bringing legal action against them for the balance of their bills. The court disagreed, and affirmed the judgment of the trial court. The court held that a review of the record revealed no evidence that the insureds had suffered injury as a result of the insurance companies' partial payment of their medical bills, nor was any injury threatened. The court stated that where no case or actual controversy existed, the trial court lacked subject matter jurisdiction to enter a declaratory judgment, and properly granted the insurance companies' motions for summary disposition. Further, because the action was dismissed, the insureds' request for certification of the suit as a class action was properly denied.