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Court of Appeals Underscores That “Effectively Unavoidable” is an Increasingly Effective Way to Avoid the Open and Obvious Doctrine
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Read MoreSecrest Wardle Premises Liability Webinar re Insurance and Indemnity Issues
MI PIP Monthly July 2022
Secrest Wardle Premises Liability Webinar re Third-Party Contractors
Notice – Knowing What Was Wrong
Disorder of Priority? Carrier Stuck With PIP Claim Despite Existence of Higher-Priority Carrier
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Read MoreSecrest Wardle Premises Liability Webinar re Open and Obvious Defense
Questions About the Proper Insurer Liable for PIP Benefits? The No-Fault Act is Your Guide
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Read MoreNo Tortious Interference for the MCCA
In Hope Network Rehab Servs v Mich Catastrophic Claims Ass’n, unpublished opinion per curiam, issued June 9, 2022, (Docket No. 355372), the Michigan Court of Appeals determined that a medical provider failed to sufficiently plead the elements of tortious interference against the MCCA. For purposes of MCR 2.116(C)(8), the MCCA’s alleged refusal to approve payment…
Read MoreMichigan Supreme Court Finds Medical Providers Are Not in Privity With Claimants After Assignments Are Executed
In Mecosta, the Michigan Supreme Court eliminated the defense of res judicata and collateral estoppel when an assignment occurred before a judgment or order was entered because there was no privity between assignor and assignee. However, defendants may still raise the first lawsuit’s same winning underlying defenses in the second lawsuit. In Mecosta, the insurance…
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