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Legal Updates


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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29
Oct

When a No-Fault Release Fails to Protect an Insurer from a Medical Provider’s Claims

Release of Medical Provider Claims
In a recently published opinion, the Michigan Court of Appeals held that a release signed by an insured did not discharge a no-fault insurer’s liability where the insurer has received separate claims from a medical provider. In Covenant Medical Center v State Farm, State Farm’s insured (who w[...]
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21
Oct

Who “Owns” a Vehicle Under Michigan Insurance Laws?

Vehicle Owner Insurance
In a case that could have a far-reaching impact on uninsured motorist coverage, Michigan’s highest court is considering who qualifies as a vehicle’s “owner” under Michigan law. The Court has directed the parties in Harrell v. Titan Indemnity Company to submit supplemental briefing on whether[...]
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3
Sep

Motor Vehicle Exception to Governmental Immunity

zausmer august caldwell
If a motorist is injured when a truck fails to obey traffic laws and causes an accident, the liability of the truck owner for the plaintiff’s damages seems clear. But what happens when the truck is part of a fleet owned and operated by the State of Michigan or a Michigan municipality? Does governm[...]
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25
Aug

Calculation of Work-Loss Benefits in Michigan

Zausmer August Caldwell
Michigan law imposes a statutory limit on the amount of money an injured person may be compensated for work-loss resulting from a motor vehicle accident. According to MCL 500.3107(1)(b), “the benefits payable for work loss sustained in a single 30-day period and the income earned by an injured per[...]
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19
Aug

“Black Ice” as an Open and Obvious Danger

tei
The Michigan Court of Appeals recently issued an unpublished decision in Stokes v. Adam Oil, LLC, a premises liability case involving the slip and fall of the plaintiff while getting fuel at the defendant’s gas station. According to the facts of the case, a previous customer had spilled gas whe[...]
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