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Resident of Housing Co-op Not Entitled to Pursue Statutory Claim for Premises Cause of Action; Appellate Court Rules For Defendant In Icy Slip & Fall

The question of whether an icy sidewalk was an “open and obvious” condition was one factor in a recent Michigan Court of Appeals ruling. Plaintiff slipped and fell on an icy sidewalk at her St. Clair Shores housing cooperative. Plaintiff had removed snow from her personal walkway behind her townhome, and then walked around the building on the community walkway with the intention of clearing snow from her front porch.

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Appellate Court Denies PIP Benefits in First Opinion on MCL 500.3113(a) “Knew or Should Have Known”

The Michigan Court of Appeals addressed for the first time the “knew or should have known” language under MCL 500.3113 - “Persons Not Entitled to Personal Protection Insurance Benefits.” Plaintiff in this No-Fault action was the driver of a leased automobile involved in an accident. Defendant was insurer Tokio Marine.

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