ELECTION OF PIP COVERAGE DISPUTED; DEFECTIVE ELECTRONIC SIGNATURE
Under Michigan’s 2019 no-fault amendments insurers were permitted to sell and applicants were permitted to buy less- than-unlimited personal injury protection (PIP) coverage for automobile insurance policies under certain circumstances. In this case, Esurance asked its customers to electronically complete a form and electronically sign the form. A dispute arose over the amount of PIP insurance that the insured selected.
In Bronson Health Group v Esurance, the Michigan Court of Appeals remanded the case back to the Trial Court for further discovery. The Court of Appeals concluded that a document with a name typed on it does not, by itself, establish that a person electronically signed the document in accordance with the Uniform Electronic Transactions Act (UETA), MCL § 450.831, et seq. For an “electronic signature” to be enforceable it must comply with the UETA. Esurance just offered the electronic signature without any foundation to establish that the signature was actually “the act of the person” [the insured].
Read entire case at:
Bronson Health Care Group Inc. v. Esurance Prop. & Cas. Ins. Co
About Alexander & Angelas, P.C.
Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
