Michigan Law

The lack of a direct physical loss or damage to plaintiff’s property precluded business interruption coverage due to COVID. This decision is consistent with other similar claims seeking business interruption for Covid related business closures.

The Michigan Court of Appeals ruled in a recent MVA case that if the medical evidence is conflicting, summary disposition is inappropriate. The case was remanded for the trier of fact (jury) to determine whether Plaintiff’s post-MVA lifestyle met the serious impairment criteria.

Michigan is a no-fault state. For a plaintiff to sustain a bodily injury claim against an at-fault motorist, the plaintiff must show that he or she has suffered a serious impairment. In this case the Plaintiff was a legally incapacitated person before the MVA. On appeal, the Michigan Court of Appeals entered judgment favorable to the Defendants.

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 So said the 6th U.S. Circuit Court of Appeals in an unpublished decision.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.