Legal News
A handyman was electrocuted while power washing a client’s house. The utility company filed for summary disposition, which the Trial Court granted using a premises liability analysis. The Court of Appeals reversed, citing a 1993 case which held “… pursuant to its duty, a power company has an obligation to reasonably inspect and repair wires and other instrumentalities in order to discover and remedy hazards and defects.”
Read MoreMichigan no-fault PIP benefit limitations enacted in 2019 cannot be applied retroactively, according to a recent Michigan Court of Appeals ruling. The 2019 amendments had sought to limit family-provided attendant care to 56 hours per week and applied fee schedules to medical provider reimbursement rates, to name a few of the new limitations.
Read MorePlaintiff medical provider improperly sought to use the mend-the-hold doctrine to create coverage where none existed, according to a Michigan USDC ruling. The insurance policy in question did not provide PIP benefits “while the ‘auto' is operated by a person logged into a ‘digital transportation network…'”
Read MorePlaintiff, an injured PIP auto claimant, filed a claim with Defendant insurer after a 2016 motorcycle versus truck accident. The motorcyclist plaintiff could not identify the insurance company for the truck; nor could he have done so without legal proceedings. Thus, he filed his PIP claim with his own insurer (Defendant insurer).
Read MoreDefendant insurer denied a defense or indemnification to its insured when he struck and injured a motorcyclist while making a pizza delivery. The insurer argued that its insured’s actions at the time of the motor vehicle accident constituted operation of a “public and livery conveyance.” The auto insurance policy excluded coverage when the insured vehicle was being used as a “public conveyance.” The Trial Court sided with the insured and an appeal ensued.
Read MorePlaintiff was driving on I-696 when a piece of freeway concrete hit his windshield, causing head injuries. Plaintiff sent a notice of claim to MDOT before suing the state agency. The Court of Claims ruled that Plaintiff’s notice was defective and granted summary disposition for the Defendant. On appeal, the Michigan Supreme Court reversed and remanded the case.
Read MoreThe Appellate Court deemed that there was a genuine issue of material fact regarding whether the motor vehicle accident aggravated Plaintiff’s pre-existing conditions of Klippel-Feil syndrome and Sprengel’s deformity. The main issues were whether Plaintiff met the objectively manifested requirement for a threshold injury and whether Plaintiff had a changed ability to lead a normal life.
Read MoreGovernor Gretchen Whitmer recently announced that the state’s 2019 insurance reform legislation, which first took effect on July 1, 2020, is delivering savings for auto insurance policyholders.
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