State Minimum No Fault B.I. Coverage Applicable Only if Insurer Follows the Rules
Marilyn McDougall and her husband, Larimore McDougall, were killed in an automobile accident. The Estate of Marilyn McDougle filed an auto negligence claim against the Estate of Larimore McDougle. The couple had a no-fault auto insurance policy with MemberSelect Insurance Company. The policy provided bodily-injury liability limits of $250,000per person/$500,000 per accident. Both Larimore and Marilyn were named insureds on the policy. The couple never signed any form electing lower coverage. The policy included a “step-down” provision reducing coverage for bodily injury to the state minimum if the claimant was an insured or resident relative. The claimant in this case was both. MemberSelect sought to reduce the available coverage to Michigan $50,000 minimum.
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Insurance Declination Letters; Do It Right Or It May Not Be Effective
A material misrepresentation made to an insurance company can provide the basis for a policy’s recission. A real estate investor/insured purchased a duplex in Detroit in 2021 with the intent of renting the first-floor unit to his ex-girlfriend. The investor/insured purchased homeowners’ insurance for the property.
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AMENDING EXPERT WITNESS LISTS – DON’T FORGET TO DO IT
A couple who bought a home that was later discovered to have a history of mold, asbestos, and flooding failed in their bid to reverse a trial court’s judgment in favor of the home seller. The couple contended the trial court erred when it denied their motion to add an expert witness to testify about the home’s value when it was sold.
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Insured Commits Fraud and Loses Coverage
In a published Michigan Court of Appeals case, the Court of Appeals considered whether rescission of Plaintiff’s automobile insurance policy was appropriate due to his fraudulent misrepresentation when he purchased the policy.
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Expert Witnesses and The Daubert Standard
When litigation involves issues of disputed expert testimony, the trial court serves as a gatekeeper to ensure that the trier of fact is hearing only trustworthy evidence. Expert testimony is admissible if it is both reliable and relevant to the issues being litigated. Daubert v. Merrell Down Pharmaceuticals, Inc. set forth several factors for judicial consideration in evaluating admissibility of scientific or expert opinions
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Plaintiff Must Prove Notice In A Premises Liability Claim
For a Plaintiff to succeed on a premises liability claim, that plaintiff must establish that the Defendants had actual or constructive notice of the allegedly hazardous condition. Recently, the Michigan Court of Appeals made an important ruling which helped to clarify the notice required for a plaintiff to succeed on a premises liability claim.
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Respondeat Superior and Governmental Immunity
The Michigan Court of Appeals has ruled that if you make a claim of respondeat superior against the government under MCL 691.1405, your claim will be upheld even if MCL 691.1405 is not explicitly referenced in the complaint.
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You Lie, You Lose; Fraudster Denied PIP (No Fault) Benefits
Michigan’s highest court has ruled in a unanimous opinion that if you make a materially fraudulent statement at any time when making or pursuing a claim for Michigan PIP (No Fault) benefits, your claim will be denied.
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