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Legal Updates


19
Jul

Michigan Supreme Court Holds that Rescission of Insurance Policies Requires an Equitable Approach

DePriest ZAC
The Michigan Supreme Court recently released its opinion in Bazzi v Sentinel Ins Co, holding that insurers are not automatically entitled to rescind policies where fraud is identified in the policy application. Instead, rescission is an equitable remedy that must be left to the discretion of the tri[...]
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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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3
Apr

Title VII Prohibition on Sex Discrimination Applies to Transgender Persons Despite Religious Freedom Restoration Act

Nick Guttman
The U.S. Sixth Circuit Court of Appeals recently upheld a transgender woman’s sex discrimination claim despite her employer’s attempt to use the Religious Freedom Restoration Act (“RFRA”) to shield itself from liability. In EEOC v. R.G & G.R. Harris Funeral Homes, Inc., the Court held[...]
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26
Mar

Michigan Court of Appeals Finds Social Media Evidence Fatal to Plaintiff’s Claim for PIP Benefits

Nicole Coleman
In a recent unpublished opinion, the Michigan Court of Appeals upheld a Wayne County Circuit Court decision granting the defendant insurance company’s motion for summary disposition where social media evidence made it clear that the plaintiff lied about his need for – and receipt of – househol[...]
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5
Feb

Michigan Court of Appeals Clarifies Requirements for Showing ‘Objectively Manifested Impairment’ and Proving Causation in Auto Negligence Cases

When it comes to third-party auto negligence cases, sorting out exactly what it takes to meet the “serious impairment of body function” threshold under MCL 500.3135 can be a tricky issue for both plaintiffs and defendants. This is particularly true where the case involves an “invisible injury,[...]
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1
Dec

Detroit Rental Property Ordinance Amended

Nick Guttman
The City of Detroit, by amending Chapter 9 of the Detroit City Code, is easing regulations on landlords who comply with ordinance requirements while cracking down on landlords owning noncompliant rental properties. All rental properties have always had to maintain a valid certificate of complianc[...]
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28
Sep

Michigan Court of Appeals Finds Covenant Is Retroactive, Barring Many Provider Lawsuits Filed Before Its Release

A recent opinion from the Michigan Court of Appeals may clear up much of the ambiguity surrounding the applicability of the Michigan Supreme Court’s 2015 decision in Covenant Med Ctr, Inc v. State Farm Mut Ins Co. In W.A. Foote Memorial Hospital v. Michigan Assigned Claims Plan, Zoie Bonner was[...]
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26
Sep

Overtime Pay Requirements – The State of the Law Today

FLSA Overtime Rule
We reported previously about a November 22, 2016 preliminary nationwide injunction issued by Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas, blocking the Department of Labor from implementing changes to the Fair Labor Standards Act (FLSA) that were due to take effect[...]
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19
Sep

Michigan Court of Appeals Addresses Third-Party Beneficiary Theory in No-Fault Actions

Kyle Warwick
A recent decision from the Michigan Court of Appeals offers no-fault insurers reassurance in litigating and resolving third-party reimbursement claims. In Michigan Head & Spine Institute, P.C. v. Blue Cross Blue Shield of Michigan, Bryan Croteau was involved in a serious truck-motorcycle acci[...]
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21
Aug

Michigan Supreme Court to Consider Expanding Threshold Requirements for Expert Testimony in Developing Areas of Science

Litigants may soon have additional guidance when assessing and attacking the qualifications of experts who seek to testify on lesser-known but developing areas of science under Michigan Rule of Evidence 702. In Walters v Falik, the Michigan Supreme Court granted oral arguments on a handful of evi[...]
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