Publications for Insurance Defense

The Court of Appeals has held that a no-fault insurer was not required to reimburse its insured for medical expenses the insured repaid to his health care insurer out of the proceeds of a tort settlement.

Two years ago, the Michigan Supreme Court found that the minority/insanity tolling statute applied to both the no-fault statute of limitations and the one year back rule. More recently, the Supreme Court issued its opinion in Joseph v Auto Club Insurance Association overruling the previous decision.

The Michigan Court of Appeals has provided guidance for use in calculating the amount to be paid for family-provided attendant care services in a No Fault case.

Basic liability insurance policies, such as homeowner’s liability insurance policies, are generally designed to protect people against claims brought by others who have suffered personal injury or property damage. 

This outline is intended to assist our clients in evaluating “first-party” claims for personal and property protection benefits arising under the Michigan No-Fault Act.  Throughout this Outline, citations are made to specific sections of the Michigan No-Fault Act. A complete copy of the current No-Fault Act is contained in Appendix A.

The standard jury instructions are contained in Appendix B. These instructions provide the mechanism by which the jury will address and resolve contested issues.

When a loose horse collides with a car or truck, legal battles can follow.

In the much-anticipated decision in Regents of the University of Michigan v Titan Insurance Company, the Michigan Supreme Court overturned Liptow v State Farm and Cameron v ACIA...

In a recent decision, the Michigan Supreme Court held that the federal HIPAA medical privacy law does not prohibit ex parte interviews of treating physicians by defense counsel as long as reasonable efforts have been made to secure a qualified protective order.

The Michigan Court of Appeals approved for publication its per curiam January 26, 2010 decision in Doe v Citizens Insurance Company of America, et al (Court of Appeals No. 288776).

The Michigan Court of Appeals has affirmed a trial court's denial of a landlord's motion for summary disposition, holding that black ice on an apartment complex stairway created a question of fact whether the landlord breached its statutory duty to keep the premises fit for their intended use.

The Court of Appeals held that the one-year back rule applies to a fraud claim if the plaintiff cannot establish reasonable reliance on the insurer's representations.

The Michigan Court of Appeals held that black ice did not constitute an open and obvious danger.

On February 24, 2009, the Michigan Court of Appeals held that a no-fault insurer must pay attendant care benefits to an insured, even when the insurer is entitled to seek reimbursement of those benefits from the person providing the services.

The Michigan Court of Appeals published an opinion holding that a driver was not entitled to no-fault benefits because she unlawfully took a motor vehicle without a reasonable belief that she was entitled to both take and use it.

In a 4-3 decision issued on December 29, 2008, the Michigan Supreme Court held that the Michigan Catastrophic Claims Association may refuse to indemnify no-fault insurers who make payments for expenses that the MCCA deems "unreasonable."

On January 22, 2008, the Michigan Court of Appeals issued an unpublished opinion in Kerr v Citizens Insurance Company of America, Docket No. 273319.