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Matthew J. Consolo Promoted to Senior Partner
To read the full Announcement, click here: https://bit.ly/3mdQOvY
Read MoreFor Whom the Statute Tolls? Not Without Actual Evidence for this Plaintiff
In Krystyna Reid v Progressive Michigan Insurance Company, the Court addresses and clarifies the amendment to MCL 500.3145 and the “tolling provision.” The Court of Appeals in essence “split the baby” finding the preamendment version of MCL 500.3145(1) bars her claims that accrued before June 11, 2019, while the current version of that statute bars…
Read MoreSecrest Wardle MI PIP Monthly – March 2023 Update
“Steps and Differing Floor Levels” Remain Open and Obvious (For Now)
Earlier this month, in Lavallis v Oakland Physicians Med Ctr, LLC, unpublished opinion per curiam of the Court of Appeals, issued March 9, 2023 (Docket No. 359736) – the panel found that a “3-inch elevated step at the threshold of the door” to a hospital’s urgent care center was open and obvious, and did not…
Read MoreCourt of Appeals Finds No Liability Coverage for Spam Fax Suit
In Bridging Communities, Inc v Hartford Cas Ins Co, ___ Mich App ___; ___ NW2d ___ (2023) (Docket No. 355955), the Michigan Court of Appeals unanimously held – in a published opinion – that Hartford had no duty to defend or indemnify its insureds from class action litigation brought under the “unsolicited facsimile (fax) advertisements…
Read MoreIce and Snow Remain Open and Obvious (For Now)
The Michigan Supreme Court recently heard oral arguments about the viability of the future of the open and obvious defense. The Court’s opinion(s) will determine whether prospective plaintiffs’ claims will be subject to a complete bar under the open and obvious defense, will be a jury question, will be an issue of comparative negligence, and…
Read MoreIt Was Good While It Lasted: Maximization of Primary Health Benefits Not Required in Coordination-of-Benefits Cases
Advance Therapy v Auto-Owners is a “For Publication” opinion, which makes the decision binding law. Previously, arguing that an insured must treat with in-network providers was a common defense in coordination-of-benefits PIP cases. Now, whether a provider is in-network or out-of-network is not an automatic disqualifier for secondary auto payment. Also, the law never required…
Read MoreThe Possible Dangers of Motor Vehicles are Open and Obvious
Parking lot design, lack of parking blocks or barriers, and negligent vehicle operation are all conditions of the land that are subject to the open and obvious doctrine. Where vehicles operate, the possibility of danger follows. A person with ordinary intelligence understands this point. Whether the injured party anticipated the specific danger near a parking…
Read MoreTo Be or Not to Be, What is a Sudden Emergency? – Court of Appeals Expounds on the Criteria Required to Establish the Doctrine
This case indicates that to overcome the presumption of negligence built into the rear-end collision statute by way of the sudden emergency doctrine, the driver of the vehicle must establish that the peril was not in clear view for any significant length of time and that such peril was not brought upon by the driver’s…
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