Publications for No-Fault Litigation
The Court of Appeals has held that a no-fault insurer was not required to reimburse its insured for medical expenses the insured repaid to his health care insurer out of the proceeds of a tort settlement.
Two years ago, the Michigan Supreme Court found that the minority/insanity tolling statute applied to both the no-fault statute of limitations and the one year back rule. More recently, the Supreme Court issued its opinion in Joseph v Auto Club Insurance Association overruling the previous decision.
The Michigan Court of Appeals has provided guidance for use in calculating the amount to be paid for family-provided attendant care services in a No Fault case.
This outline is intended to assist our clients in evaluating “first-party” claims for personal and property protection benefits arising under the Michigan No-Fault Act. Throughout this Outline, citations are made to specific sections of the Michigan No-Fault Act. A complete copy of the current No-Fault Act is contained in Appendix A.
The standard jury instructions are contained in Appendix B. These instructions provide the mechanism by which the jury will address and resolve contested issues.
In the much-anticipated decision in Regents of the University of Michigan v Titan Insurance Company, the Michigan Supreme Court overturned Liptow v State Farm and Cameron v ACIA...
In a published opinion issued March 16, 2010, the Michigan Court of Appeals held that an injured person cannot be denied work loss benefits based on an employer's failure to provide a sworn statement of the injured person's earnings, nor does the injured person's failure to file tax returns preclude work loss benefits.
The court held that the statute mandated that the required language must appear on both the declarations page and the certificate of insurance.
On June 16, 2009, the Michigan Court of Appeals held in a published opinion that a car dealership's insurer was the priority insurer in a third-party action brought against a customer who was test driving the dealership's vehicle.
The Court of Appeals held that the one-year back rule applies to a fraud claim if the plaintiff cannot establish reasonable reliance on the insurer's representations.
On February 24, 2009, the Michigan Court of Appeals held that a no-fault insurer must pay attendant care benefits to an insured, even when the insurer is entitled to seek reimbursement of those benefits from the person providing the services.
The Michigan Court of Appeals published an opinion holding that a driver was not entitled to no-fault benefits because she unlawfully took a motor vehicle without a reasonable belief that she was entitled to both take and use it.
In a 4-3 decision issued on December 29, 2008, the Michigan Supreme Court held that the Michigan Catastrophic Claims Association may refuse to indemnify no-fault insurers who make payments for expenses that the MCCA deems "unreasonable."
In a published decision issued December 11, 2008, the Michigan Court of Appeals narrowed the range of homecare living expenses recoverable after a motor vehicle accident.
Michigan Court of Appeals applied the judicially created "family member joyriding" exception in a no-fault case, but it explicitly stated that it was doing so only because of the requirements of precedent and MCR 7.215.
Any time a patient is treated for injuries suffered in a motor vehicle accident, more likely than not a no-fault automobile insurance company has some obligation to pay related bills.
"...the plaintiff claimed he suffered a back injury as a result of a motor vehicle accident and presented evidence that he had to subcontract his work at his granite fabricating and installing business."
Defendant’s vehicle crossed the center line and collided head-on with plaintiff’s vehicle.
On January 22, 2008, the Michigan Court of Appeals issued an unpublished opinion in Kerr v Citizens Insurance Company of America, Docket No. 273319.
On January 15, 2008, the Michigan Court of Appeals issued a published opinion in Hill v L.F. Transportation and Auto-Owners Insurance Co., Docket No. 267959.