Michigan Law

Generally, on a multi-employer construction jobsite in Michigan, whoever controls the “means and methods” of the construction project is the company ultimately liable for any negligently caused personal injuries. The case law controlling liability for work-site accidents goes back a long way to Funk v General Motors, a case cited over 191 times since 1974.

The take-aways from this crazy courtroom story of a forged document are: 1) do not fabricate evidence; 2) always be wary of the evidence presented by your opponent; and 3) analyze the opposition’s evidence to verify its authenticity.

Whether you are a claimant or insurance adjuster involved in the Michigan no-fault (PIP) system, one needs to know and understand the Michigan No Fault deadlines which became effective June 10, 2019.

Rather than delay, deny and defend, try a different approach in an insurance dispute with a claimant’s attorney. With the knowledge, participation, and approval of the stakeholders, retain negotiation counsel to make contact with the claimant or counsel.

In a recent U.S. District Court case, the Court determined that a surgical center had been defrauding the Plaintiffs, three no-fault insurers, by using the wrong CPT codes for surgical procedures resulting in a $652,557.00 overpayment.

Oakland County Circuit Court has historically been one of the most conservative courts in the state of Michigan. Juries tend to be tough on plaintiffs.  When they do find liability adverse to a defendant, verdict amounts in Oakland County are typically lower than other jurisdictions.

The Court of Appeals reversed the summary disposition holding that the insurer should have moved to amend its affirmative defenses. The insurer was obligated to adequately assert rescission, including the specific facts for rescission, in an amendment to its affirmative defenses.