Court of Appeals Holds That the Policy Can Give, but Not Take Away, PIP Benefits

By admin | May 5, 2023 | Comments Off on Court of Appeals Holds That the Policy Can Give, but Not Take Away, PIP Benefits

For a “mandated coverage” such as PIP benefits, “it is the no-fault act itself” that controls. Mapp v Progressive, ___ Mich App ___; ___ NW2d ___ (2023) (Docket No. 359889); slip op at 10. However, “it is permissible for an insurance policy to provide for broader coverage than is required by statute, in which case the…

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Dogs are Now Conditions on Land, but Unintentional Trespass Relieves Landowner of Dog Liability

By admin | May 1, 2023 | Comments Off on Dogs are Now Conditions on Land, but Unintentional Trespass Relieves Landowner of Dog Liability

This is the first published (and therefore binding) case in Michigan which has held that a dog can be a condition on the land for the purposes of a premises liability claim. Now, premises liability cases can be filed against landowners where dog bites happen with no alleged “defect of the property” other than the…

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Assignment to Factoring Company Does Not Preclude Provider Suit

By admin | April 28, 2023 | Comments Off on Assignment to Factoring Company Does Not Preclude Provider Suit

Factoring companies provide financing to businesses with cash flow issues by purchasing outstanding invoices at a discounted rate. In exchange for sums paid by the factoring companies, medical providers assign them their rights to bring first-party lawsuits seeking payment of the outstanding invoice balances. When the medical provider then files a reimbursement claim against a…

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No Criminal Charges Does Not Equal No Negligence

By admin | April 11, 2023 | Comments Off on No Criminal Charges Does Not Equal No Negligence

Briggs v Knapp, unpublished opinion of the Court of Appeals, issued March 9, 2023 (Docket No. 358641), holds that a defendant must produce some evidence through video or data showing the accident was unavoidable. Police officer testimony and lack of citation alone are not enough to trigger the sudden emergency doctrine. To access the full…

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