Michigan Law

The trial court determined that a 2018 homeowners insurance policy was void because the insured was dead at the time of the insurance renewal. The Plaintiff was the insured’s daughter who was living in the home when it was destroyed by fire in 2019. Therefore, there could not have been an offer and acceptance (i.e., a contract) when the 2018-2019 policy was issued.

It is permissible to record a telephone conversation with another individual without that individual’s consent under Michigan’s eavesdropping statute. So said the 6th U.S. Circuit Court of Appeals in an unpublished decision.

Litigation filed by several businesses seeking insurance benefits for COVID-19 related business interruption losses made its way to the 6th U.S. Circuit Court of Appeals. The appeal consolidated a number of cases which had similar allegations and issues.

Stakeholders in the Michigan civil litigation process need to become more creative if they want to resolve claims in an expeditious and efficient manner. Voluntary ADR proceedings, face-to-face discussions, or binding arbitration agreements should be considered.

Plaintiff obtained a trial verdict against a no-fault insurer for failure to pay no-fault benefits, replacement services, attendant care and medical care arising from a serious motor vehicle accident (PIP benefits). The total verdict was $1,221,097.37 before interest was added.

The Michigan Court of Appeals concluded that summary disposition was appropriate for two drivers who struck and killed a pedestrian whose blood alcohol content was 0.296. The pedestrian was wearing dark clothing and failed to use the crosswalk.

A family paid for their father’s internment when he died in 2001. When one of the decedent’s children was unable to locate his gravesite in 2016, it was discovered that there was no record of their father’s burial despite a contract with the cemetery.