Michigan Court of Appeals

Archive for Michigan Court of Appeals

Appellate Court Nixes “Innocent Third-Party Rule” In PIP Cases Involving Fraud

Appellate Court Nixes “Innocent Third-Party Rule” In PIP Cases Involving Fraud

The “innocent third-party rule” in Michigan no longer exists in cases of insurance fraud — at least until the state Legislature decides to create such a rule, the Michigan Court of Appeals announced in Bazzi v Sentinel Ins Co (Docket No. 320518). As a result, innocent third parties, including medical providers who treat persons injured […]

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Posted in: Auto No-Fault Insurance, Michigan Auto Law, Michigan Court of Appeals, Michigan No-Fault Act, Michigan Supreme Court

Crucial Medical Provider Reimbursement Case Heads To Michigan Supreme Court

Crucial Medical Provider Reimbursement Case Heads To Michigan Supreme Court

Can hospitals, doctors and other medical service providers file their own lawsuits against no-fault insurers, seeking reimbursement for services they’ve rendered to persons injured in car crashes? If so, can these treatment providers protect their right to reimbursement by sending written notice to no-fault insurers of their intent to collect payment on their own? By granting leave to appeal […]

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Posted in: Auto No-Fault Insurance, Michigan Auto Law, Michigan Court of Appeals, Michigan No-Fault Act, Michigan Supreme Court, No-Fault Benefits

No “Direct” Contact Between Vehicles Means No Uninsured Motorist Coverage

No “Direct” Contact Between Vehicles Means No Uninsured Motorist Coverage

An auto insurance company properly denied a claim for uninsured motorist benefits because the claimant’s vehicle and the other vehicle did not come in “direct” contact with each other, the Michigan Court of Appeals has ruled. In McJimpson v Auto Club Group Ins Co (May 12, 2016), the claimant suffered injuries after slamming on her […]

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Posted in: Michigan Auto Law, Michigan Court of Appeals

All Injuries Don’t Have To Be Detailed In Notice Of Auto Accident

All Injuries Don’t Have To Be Detailed In Notice Of Auto Accident

The notice that auto accident victims must give their automobile insurer does not have to detail all their injuries, according to the Michigan Court of Appeals. In Dillon v State Farm Mutual Automobile Ins Co, a published decision, the Court of Appeals said it was sufficient that the car accident victim told her auto insurer […]

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Posted in: Auto No-Fault Insurance, Michigan Auto Law, Michigan Court of Appeals, Michigan No-Fault Act, No-Fault Benefits

Insurance Company’s “Helmetless Motorcyclist” Defense Is Rejected

Insurance Company’s “Helmetless Motorcyclist” Defense Is Rejected

An uninsured motorcyclist who was not wearing a helmet at the time of his fatal accident was not precluded from recovering no-fault insurance benefits, according to the Michigan Court of Appeals. In Estate of Swick v Farm Bureau Ins Co (unpublished opinion, 4/26/2016), Jack Swick was killed when the motorcycle he was driving collided with […]

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Posted in: Auto No-Fault Insurance, Michigan Auto Law, Michigan Court of Appeals, Michigan Motorcycle Accident, Michigan Motorcycle Law, Michigan No-Fault Act, No-Fault Benefits

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