Michigan Law

The Michigan Court of Appeals has ruled that if you make a claim of respondeat superior against the government under MCL 691.1405, your claim will be upheld even if MCL 691.1405 is not explicitly referenced in the complaint.

Michigan’s highest court has ruled in a unanimous opinion that if you make a materially fraudulent statement at any time when making or pursuing a claim for Michigan PIP (No Fault) benefits, your claim will be denied.

Michigan auto no-fault laws require an insured to take affirmative action before an auto insurer can reduce the liability limits of an auto insurance policy below the statutorily required minimum coverage of $250,000 per person and $500,000 per accident. Failure to do this could spell trouble for the auto insurer.

The Michigan Court of Appeals in Dean v. Stallworth, considered the trial court’s decision to grant a motion for summary disposition under MCR 2.116(C)(10) in an auto negligence case. The issue on appeal of was whether a genuine issue of material fact existed as to whether plaintiff incurred an injury that constituted a ‘serious impairment of body function’ under MCL 500.3135(5).

In a recent Michigan Court of Appeals decision in Pena-Cruz v. State Farm Mut. Auto. Ins. Co., the appellate court considered the trial court’s decision on defendant insurance company’s Motion for Summary Disposition. The trial court had denied the motion to dismiss. The issue was whether plaintiff had permission to use the vehicle at the time of the accident in the context of MCL 500.3113(a) which bars a person from receiving no-fault benefits if, at the time of the accident, they were using a vehicle that ‘was taken unlawfully”.

One of the first major steps when filing a claim under the Michigan No-Fault Act is to determine whether the individuals injured in the crash are entitled to benefits from their insurance company. MCL 500.3114 provides the general rule that a person who is injured while they are an occupant of a motor vehicle should first make a claim for Michigan No-Fault benefits with the auto insurance company on whose policy they are listed as a named insured. However, what should somebody involved in a motor vehicle accident do if they do not have auto insurance themselves?

Attorney Peter Angelas Addressed the Michigan Court of Appeals on Issue of Domicile; Michigan No-Fault Case