Appeals Court: MCCA Not Subject To FOIA

capitol3A divided opinion of the Court of Appeals has held the Michigan Catastrophic Claims Association (MCCA) is a public body but, it is not subject to the state’s Freedom of Information Act because of a legislative amendment in the Insurance Code. That amendment, the court said, “did not alter, amend, change or dispense with any provisions of FOIA, at the time of that statute’s enactment, the Legislature was not required to reenact and republish FOIA.”

The court ruled after the case was remanded to it by the Supreme Court, which directed the Appeals Court to determine if the MCCA was a public body, as defined under the FOIA, and was therefore subject to the FOIA’s provisions.

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