Blog

A health system's actual procurement costs for surgical implants is subject to disclosure for payment consideration by auto no-fault insurers

March 02, 2012

Patients of Bronson Methodist Hospital, in Kalamazoo, Michigan, were involved in motor vehicle accidents and sustained traumatic, orthopedic injuries requiring surgical implants. Pursuant to the no-fault act (MCL 500.3107(1)(a)), Bronson s...

A minor investment to investigate the facts of an accident is the difference between no-fault coverage paying versus private pay or government reimbursement.

February 15, 2012

A man was walking was walking his dog on a road. A car and a snowmobile were approaching in opposite directions to the man and his dog. The car had its headlight on. The operator of the snowmobile testified that the car's headli...

Title Insurance Company Not Liable For Failure To Expeditiously Resolve Suit

February 07, 2012

A&A Property Management owned a gas station in the City of Detroit. It purchased the gas station by taking out a secured loan from Comerica Bank. It also maintained its fuel supply through a mortgage arrangement with Armada Oil and Gas.&nbs...

Saving Auto No-Fault Insurance In Michigan

February 03, 2012

Last evening, February 2, 2012, a town hall meeting was held in Traverse City, Michigan, about saving auto no-fault insurance in Michigan. The town hall meeting was sponsored by the Coalition Protecting Auto No-fault (CPAN) and was well attende...

No Liability If You Trip On Object Partially Hidden Around The Corner At Store

February 02, 2012

Plaintiff was shopping at a Big Lots store. She walked down an aisle and turned at the end, whereupon she tripped over a wooden pallet that was just around the corner. The pallet was about three-...

A Bar Is Not Liable For Giving You Your Car Keys When You Are Intoxicated Should You Become Injured Driving Home

January 27, 2012

The decedent and two friends went to a bar and were asked to leave after they became visibly intoxicated. They left without the decedent’s car keys. A bar employee f...

When more than one automobile insurance policy exists in the family household, make sure you submit your no-fault claim to each auto insurer

January 24, 2012

A young man lived with his parents. The young man was the titled owner of two motor vehicles. One vehicle was a truck that he used exclusively for his personal farming business. The truck was insured by Progressive under a com...

Automobile Stop And Search Is Legal Even If Initial Suspicion Of Violation Of Law Proves Wrong

January 24, 2012

A police officer noticed a Pontiac Grand Prix swerving inside its lane on I-75. It was never speeding and it never went outside of the lane markers, but it weaved almost continuously ...

In a PPO Contempt Proceeding, Focus is Only on Defendant's Behavior Even if Complainant Placed Himself In a Location Where a Confrontation Is Likely To Result

January 23, 2012

Defendant and her husband were found in contempt of court for violating a personal protection order (PPO) entered against them by Defendant’s sister-in-law (the “complainant”), who was married to Defendant’s brother. Def...

Operator of Hayride Was Not Grossly Negligent So As To Avoid Governmental Immunity

January 20, 2012

Plaintiff was at an annual family party at Camp Dearborn, a park run by the County of Oakland. After socialization, the group boarded a hayride. Defendant was the driver of the hayride. Defendant-driver drove through Camp Dearborn a...

Michigan's New DWI/Sobriety Court Law Give Repeat Offenders New Ability To Get Restricted Licenses

January 19, 2012

Ever since the changes to Michigan’s drunk driving law in 1999, repeat drunk driving offenders have faced obstacles in getting their licenses back after revocation. The driver had to go through annual review hearings to try to get their l...

Recovery Denied Under Open and Obvious Danger

January 19, 2012

Plaintiff was injured when she tripped over chipped tiles at the top of the flight of stairs at her rental apartment and fell down the stairs. The apartment building was owned by the Royal Oak Housing Commission. She filed suit not agains...

Do Not Settle Your Auto Accident Damages Claim Against The At-Fault Driver Without First Getting Written Approval From You Underinsured Motorist Benefit Auto Insurer

January 18, 2012

A man was involved in a motor vehicle accident and suffered severe bodily injuries. The man filed a claim for personal injury damages with the at-fault driver's auto liability insurer. A settlement was reached for the no-fault statuto...

Bank Which Acquires Assets of Another Bank Must Record its Interest in Mortgage Before Foreclosing By Advertisement

January 17, 2012

Facts and the Court's RulingPlaintiffs, husband and wife, obtained a $615,000.00 loan from Washington Mutual Bank to refinance their home. and granted the bank a mortgage on their property. The U.S. Department of Treasury closed Washin...

A Camping Trailer No Longer Qualifies for No-Fault Insurance Coverage Once It Is Parked At The Camp-Site And Is Being Used As Accommodations

January 10, 2012

A family towed their camping trailer and set it up at their designated camp site. After the camper was set up, one of the family members entered it to retrieve her glasses for reading. While exiting the camper, she slipped on the st...

The battle to save Northern Michigan jobs and to preserve Michigan's Auto No-fault Insurance resumes in 2012

January 07, 2012

In the 1992 and 1994 Michigan statewide elections, many remember the no-fault insurance industry's ballot initiatives (Proposals C and D) which sought to dramatically convert Michigan's auto no-fault insurance system into managed care funded ...

Opening a tailgate to a motor vehicle trailer triggers no-fault insurance coverage

January 04, 2012

Facts & Ruling By Court:A man was hauling waste to a landfill using his attached trailer. The tailgate would not open freely. The man pushed on the tailgate and it sprung open, causing him to lose his balance. He fell down into ...

Michigan's highest court decides a medical service provider's defense against an attorney's fee lien in a no-fault PIP recovery, leaving unanswered several procedural questions.

January 03, 2012

Facts & Ruling by Court:A man was catastrophically injured in a car accident and was taken to the Detroit Medical Center for care. The patient's medical expenses were covered by the No-Fault law. Before the patient was discharged ...

When your child leaves home to go off to school but does not sever ties with the family household, s/he is still domiciled in your home and covered by your auto insurance.

January 01, 2012

An 18 year old moved out of his family home and into a friend’s home to attend school in another town. The son, however, kept his family home address on his driver’s license and provided his school and a part-time employer with it a...

Auto No Fault Insurance No Longer Applies to Process of Closing Your Car Door

December 31, 2011

Auto no-fault insurance no longer applies to the process of closing your car doorFacts & Ruling by Court:An adult was placing personal items into her motor vehicle which was parked. She had reached into the passenger side of the vehicle wit...