No‑Fault, Medical Marijuana Law Issues Before The MI Supreme Court

Oct 8, 2012

The Michigan Supreme Court opens its session this week with oral arguments in Lansing. Its first cases deal with auto no‑fault coverage, before the court turns its attention to Michigan’s medical marijuana law.

The court’s first case was filed by a woman who wants her auto insurance company to pay for her treatment for depression.

Gale Boertman was in her car, following her son on his motorcycle, when he was struck and killed by another vehicle. As a result, she suffered from sleeplessness, nightmares, and headaches. She was diagnosed with depression and post‑traumatic stress disorder as a result of witnessing her son’s death.

Her insurance company denied her claim, saying that her car was not the direct cause of her conditions. Lower courts said there was enough of a connection to justify the claim.

Later this week, the court will hear a challenge to a lower court ruling that medical marijuana clinics are not allowed under Michigan’s voter‑approved medical marijuana law.