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Author: Danielle DePriest


15
May

Covenant Update: Michigan Court of Appeals Holds Anti-Assignment Language in Insurance Policy Unenforceable

DePriest ZAC
In a recent published opinion, the Michigan Court of Appeals held that a medical provider is entitled to pursue no-fault PIP claims against an insurer based on an assignment of rights from a patient.  The court also held that an anti-assignment provision in an insurance policy is unenforceable beca[...]
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14
Apr

Michigan Court of Appeals Clarifies “Open and Obvious” Defense in Premises Liability Cases

Open and Obvious Danger
Two recent unpublished opinions from the Michigan Court of Appeals provide further clarification for premises liability cases as to what risks might be considered “open and obvious” and when those risks might contain a special aspect. In Shammout v. Kalamazoo Jaycee, et al., the court held th[...]
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12
Nov

Failure of Insured to Attend Medical Exam Doesn’t Relieve Insurer from Having to Pay Benefits

Michigan Independent Medical Exam
In a recent published opinion, the Michigan Court of Appeals held that although an insurer can suspend benefits when an insured fails to attend a scheduled Independent Medical Examination or Examination Under Oath, a suspension of benefits is not dispositive proof that benefits are not owed. In c[...]
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