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Employer or Independent Contractor? — The Michigan 2-Step

Motor Vehicle Litigation / August 14, 2020

In Duckworth v Cherokee Ins Co, ___ Mich App ___ (2020) (Docket No. 347865), a published opinion, the Michigan Court of Appeals gave guidance on the 2-step analysis for determining employee/independent contractor distinction. In Duckworth, the Plaintiff drove a truck for Speedway Express and was injured in a motor vehicle accident. If he was an employee, Cherokee Insurance was first in priority. If he was an independent contractor, Progressive, as his personal no-fault carrier, was first in priority.

The Court of Appeals reversed the trial court’s summary ruling that Mr. Duckworth was an independent contractor, and then further explained how to make this determination.

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