Secrest Wardle

No-Fault Newsline 07/13/2010

07/13/2010

In a 4-3 decision, the Michigan Supreme Court sided with the insurance industry, striking down administrative rules preventing the practice of "insurance credit scoring" in assessing automobile and homeowners insurance policy discounts in the case of Insurance Institute of Michigan, et al v Commissioner, Financial & Insurance Services, Department of Labor & Economic Growth.

Boundaries 06/22/2010

06/22/2010

In Woodman v. Kera, L.L.C., ____ Mich ____ (2010), the Michigan Supreme Court held that a parent's pre-injury liability waiver signed on behalf of their child is unenforceable under Michigan law. Businesses can no longer rely upon a parental waiver for liability protection if a child is injured on the premises.

No-Fault Newsline 06/11/2010

06/11/2010

The Michigan Court of Appeals issued a published opinion on June 8, 2010 in the case of Henry Ford Health Systems v Esurance Ins Co finding that the trial court should have granted Henry Ford Health System's motion for summary disposition because there was no evidence that Hamilton, the patient, was using a motor vehicle that he had taken unlawfully.

Boundaries 06/02/2010

06/02/2010

In James v. Sajewski Funeral Home, ____ Mich ____ (2010), the Michigan Supreme Court held that an alleged "black ice" condition in Defendant's parking lot was open and obvious based on prevailing weather conditions, and dismissed Plaintiff's lawsuit.

Boundaries 05/28/2010

05/28/2010

In Kachudas v. Invaders Self Auto Wash, Inc., ____ Mich ____ (2010), the Supreme Court held that an icy condition on the premises was open and obvious, and that there was no independent claim for negligence which would survive.

Landowners' Alert 04/28/2010

04/28/2010

With spring underway and summer on the horizon, many swimming pools are being prepared for seasonal use. Along with the increased use of swimming pools comes increased safety risks, most often involving children...

No-Fault Newsline 03/26/2010

03/26/2010

Plaintiff Timothy Ward sought work loss benefits and housing expenses from Defendant Titan Insurance Company as a result of injuries he sustained in a motor vehicle accident. There was conflicting evidence regarding how often Plaintiff worked, how much he earned, and what the prospect was for continuing his employment as a bouncer at Club Tequila, unrelated to his alleged injuries.

Boundaries 03/26/2010

03/26/2010

Secrest Wardle successfully defended the premises liability claim that Defendants' tenant brought, in Anderson v Saddle Creek Apartments, LLC, Michigan Court of Appeals Document No. 289952, rel'd 3/23/10, on the grounds that Defendants did not have actual or constructive notice of the icy step that allegedly caused Plaintiff's slip and fall.

No-Fault Newsline 03/24/2010

03/24/2010

An excluded driver is not excluded from coverage when the excluded driver warning notice on the policy and certificate of insurance does not mirror the statutory language.

No-Fault Newsline 03/15/2010

03/15/2010

The Court of Appeals affirmed a trial court's decision to dismiss an uninsured motorist claim because Plaintiff willfully refused to attend a presuit examination under oath (EUO).

Boundaries 03/12/2010

03/12/2010

In Romanowski v Classy Chassis #290382 (Mich App 3/2/2010), the Michigan Court of Appeals considered a case wherein Plaintiff alleged a depression in Defendant's parking lot causing him to fall. This case was initially presented to the trial court which granted Defendant's Motion for Summary Disposition.

Community Watch 03/03/2010

03/03/2010

While it is hardly new news, since 1978 the Michigan Constitution has prohibited the State from mandating local units of government to provide activities and services without funding the related costs. This prohibition extends to requirements imposed by State agencies as well. It is also old news that the Legislature and State agencies have, in many instances, completely ignored this prohibition. They have done so not only in direct violation of the Constitution, but also in direct contravention of a statute that the Legislature ceremoniously adopted in 1979 to implement the Constitutional Amendment. We are referring to Section 29 of the Headlee Amendment to the State Constitution and the implementing legislation contained in Public Act 101 of 1979...

Community Watch 02/04/2010

02/04/2010

The issue of whether personal email are subject to Michigan’s Freedom of Information Act (FOIA) has been a longstanding and unresolved issue among public officials and attorneys. On January 26, 2010, the Michigan Court of Appeals published an opinion in the case of Howell Education Association MEA/NEA, et al v Howell Board of Education, et al, that addresses this issue...

No-Fault Newsline 02/01/2010

02/01/2010

The Court of Appeals has found that an insurance company was not bound by an attendant care service agreement procured by fraud between Plaintiff counsel and the claims representative...

Boundaries 01/29/2010

01/29/2010

Community Watch 01/26/2010

01/26/2010

No-Fault Newsline 01/13/2010

01/13/2010

Community Watach 01/13/2010

01/13/2010

State of the Art 01/13/2010

01/13/2010

Boundaries 12/03/2009

12/03/2009

Community Watch 12/01/2009

12/01/2009

Boundaries 10/28/2009

10/28/2009

No-Fault Newsline 10/23/2009

10/23/2009

Boundaries 10/13/2009

10/13/2009

Boundaries 10/7/2009

10/7/2009

No-Fault Newsline 09/18/2009

09/18/2009

No-Fault Newsline 09/15/2009

09/15/2009

No-Fault Newsline 08/31/2009

08/31/2009

No-Fault Newsline 08/20/2009

08/20/2009

Safeguards 08/14/2009

08/14/2009

Boundaries 08/07/2009

08/07/2009

No-Fault Newsline 07/24/2009

07/24/2009

No-Fault Newsline 07/22/2009

07/22/2009

Boundaries 07/10/2009

07/10/2009

Safeguards 06/29/2009

06/29/2009

No-Fault Newsline 06/29/2009

06/29/2009

Boundaries 06/22/2009

06/22/2009

Blueprints 06/17/2009

06/17/2009

No-Fault Newline 06/17/2009

06/17/2009

No-Fault Newsline 05/27/2009

05/27/2009

Boundares 05/06/2009

05/06/2009

No Fault Newsline 04/17/2009

04/17/2009

Boundaries 04/07/2009

04/07/2009

No-Fault Newsline 03/30/2009

03/30/2009

Boundaries 03/27/2009

03/27/2009

No-Fault Newsline 03/25/2009

03/25/2009

No-Fault Newsline 03/05/2009

03/05/2009

State of the Art 02/24/2009

02/24/2009

Boundaries 02/20/2009

02/20/2009

Boundaries 02/13/2009

02/13/2009