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From Moped Misfortune to Separation (Shoulder) Anxiety
Patient Wolf suffered a grade 3 left shoulder separation due to a moped accident in 2018 which film studies confirmed became a grade 5 separation by 2020. Defendants prevailed in the trial court on summary disposition arguing that Wolf’s documented left shoulder injuries in 2019 and 2020 which occurred at work required Wolf to use…
Read MoreImportant “To Me” May Be the Roadmap to a Jury
The Supreme Court’s threshold injury analysis from McCormick v Carrier was codified in MCL 500.3135(5). Under the purview of the statute, a plaintiff who demonstrates an objectively manifested impairment of a body function that has great value or significance to the specific plaintiff that affects (but not necessarily destroys) the plaintiff’s general ability to lead their normal life…
Read MoreInnocent Until Proven Guilty: Michigan Court of Appeals Applies Factors to Determine Whether Policy Rescission Affects an Innocent Third Party’s Ability to Collect No-Fault Benefits
On appeal, LM asserted that Plaintiff Howard’s Mariner was registered to a different address than the address on the policy but presented no evidence to support this allegation. This did not change the Court of Appeals’ analysis, as the only admissible evidence LM offered was the misrepresentation related to Bartell’s Yukon as its basis for…
Read MoreCukani v State Auto – Success Story
To access the full article, click here: https://bit.ly/42IjVqp
Read MoreProper Notice is Essential Under MCL 500.3145(1)
Morrissette gives guidance into how courts will handle arguments for proper notice under MCL 500.3145(1), specifically when notice is provided to named insureds. In this case, the Court of Appeals did not find any exception for Plaintiff’s failure to provide notice to Defendant and ignored the argument that notice to Defendant’s insured is comparable to providing…
Read MoreHe Said, She Said: Summary Disposition Pursuant to MCR 2.116(C)(10) Should Always be Mindful of the Requirements of MCR 2.116(G)(4)
This case holds that, pursuant to MCR 2.116(G)(4), in order for a party to overcome a summary disposition motion brought under MCR 2.116(C)(10), it must not rest on mere allegations or denials, but must set forth specific facts, by affidavits and other evidence, to show that at a minimum there is a genuine issue of…
Read MoreTrouble in Paradise: Sixth Circuit Finds No Liability Coverage for Fake Kona Coffee Suit
In L&K Coffee, LLC v LM Ins Corp, et al., unpublished opinion of the U.S. Court of Appeals for the Sixth Circuit, issued June 1, 2023 (Docket No. 22-1727), the panel – applying Michigan law in diversity – found that a false advertising suit, based on the insured’s representation that its coffee was from the…
Read MoreCourt of Appeals Swerves on Sudden Emergency Defense
The sudden emergency defense can be used to rebut presumptions of negligence, but only if the sudden emergency is actually unexpected. Even if it is unexpected that a vehicle would suddenly swerve into another lane, it is not unexpected that other vehicles would have to stop to avoid that swerving vehicle. This is not a…
Read MoreGach v Hantle – Success Story
To access the full article, click here: https://bit.ly/3IMKaFd
Read MoreCourt of Appeals Finds That PIP Providers “May” Invoke Utilization Review Appeals
As part of the 2019 amendments to the No-Fault Act, the Legislature enacted a utilization review (“UR”) process at MCL 500.3157a. Providers who are unhappy with an insurer’s UR decision have the ability to file an administrative appeal with the Department of Insurance and Financial Services (“DIFS”). MCL 500.3157a(3)(b)(iii) and (5). Per regulations enacted by DIFS,…
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