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COVID-19 and Executive Orders are Still Impacting the Court System
In Wenkel v Farm Bureau General Insurance Company, the Court addresses and clarifies the influence of AO 2020-3 and its effect on MCL 500.3145(2). The Court of Appeals found that the Supreme Court’s administrative order did not impact the filing deadlines for all pleadings and papers filed in the trial court. Only those “initial filing…
Read More“A Not-So-Obvious Puddle” – Collection of Water on Restaurant Bathroom Floor Not Enough to Meet Open & Obvious Threshold
“A wet spot on a floor may be open and obvious if it is visible upon casual inspection by a reasonable person, but it is not always open and obvious.” The Tyler decision emphasizes a critical point in any open and obvious case, would an average, reasonable person in the same situation casually notice the potential hazard?…
Read MoreSecrest Wardle – MI PIP Monthly – December 2022 Update
Why Are You Telling Me This When I Haven’t Missed a Payment?
For an insurer to cancel a no-fault policy due to nonpayment, an unconditional notice of cancellation must be sent after nonpayment has occurred. Further, the notice must include a grace period of at least ten (10) days to afford the insured the opportunity to cure the defect. To read the full article, click here: https://bit.ly/3j80VAU
Read MoreIn Andary’s Wake, Michigan Courts Continue the Trend — No Retroactive Application of the One-Year-Back Rule
The stage has been set. The decisions rendered by the Michigan Court of Appeals in Spine Specialists and Andary make one fact perfectly clear – Michigan courts will not entertain any attempt to retroactively apply amendments to the No-Fault Act. To read the full article, click here: https://bit.ly/3iXUQXC
Read MoreCongratulations to Secrest Wardle’s Newest Associates on Recently Passing the Bar Exam
To access the full announcement: https://bit.ly/3uyIW9a
Read MoreSecrest Wardle Welcomes New Partner, Eric T. Johnson, to its Troy Location!
To access the full announcement: https://bit.ly/3hajMdP
Read MoreCourt of Appeals Denies Liability From One Jump to Another
An owner of a trampoline is required to properly maintain and supervise people using the trampoline, especially children who may not understand the risks. However, an individual who participates in trampolining accepts the danger that inheres in that activity insofar as the dangers are obvious and necessary. Those dangers include, but are not limited to,…
Read MoreYes, No, Maybe-So: Self-Conflicting Testimony in Fraudulent Insurance Cases
It is well established that self-conflicting testimony does not allow a party to manufacture a question of material fact. Courts should not presume that either of two arguable contradictory statements is “the true one.” Accordingly, a case-by-case approach in analyzing arguably inconsistent deposition testimony has been adopted by the Michigan Court of Appeals. In this…
Read MoreNo Good Deed Goes Unpunished: Non-Residents Who Register a Car in Michigan Must Carry Michigan No-Fault to Recover
In this unpublished opinion, the Court of Appeals determined that a plaintiff’s vehicle registration, rather than a plaintiff’s residency status, controls whether a plaintiff is required to maintain Michigan no-fault insurance coverage to recover tort damages arising from an accident occurring in the state. Ultimately, if a plaintiff registers a vehicle in Michigan, he or…
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