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
Michigan Traffic Accident Deaths Spiked In 2015
On the heels of a downward trend in recent years, Michigan traffic accident deaths jumped 10 percent in 2015 — with a whopping 57 percent spike in fatalities involving bicyclists. In 2015, there were 963 traffic-accident deaths on the state’s roadways, up from 876 in 2014, according to new information
All Injuries Don’t Have To Be Detailed In Notice Of Auto Accident
The notice that persons who suffer a Michigan car accident injury must give their auto 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
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 In Estate of Swick v Farm Bureau Ins Co (unpublished opinion, 4/26/2016), Jack Swick was killed when the motorcycle
Some Insurers Are Engaging In “Preferred Provider” Persuasion
Persons who are injured in auto accidents have the right to select their own doctors — insurance company’s cannot dictate “preferred providers.” The Michigan Supreme Court made this “right to choose” clear in Morgan v Citizens Ins Co, 432 Mich 640 (1989), when it said that Michigan’s no-fault law “preserves
Appellate Court: “Cousin By Marriage” Isn’t A “Relative” For PIP Benefits
A “cousin by marriage” relationship does not satisfy the definition of “relative” in the No-Fault Act, according to the Michigan Court of Appeals. In Lewis v Farmers Ins Exchange, an April 19 published decision, the injured person asserted that she resided with, and was a “cousin by marriage” to, Tamekiah
“Settlement Allocation” Helps Insurers Avoid Paying Medical Bills In Full
When medical providers treat persons injured in auto accidents, they often seek payment for their services from the appropriate no-fault insurer. But lately, some insurers have been trying to limit their payments to medical providers by using a “settlement allocation” strategy. This tactic comes into play when the insurer and
A Stitch in Time: Supreme Court Softens the One-Year Notice Rule in PIP Cases
There’s nothing that rattles a lawyer’s nerves like an impending statute of limitations deadline. And there aren’t many statutes of limitations that come sooner than one year. It’s no wonder, then, that lawyers who handle no-fault cases frequently find themselves a bit jittery due to the one-year notice rule and/or
A New Frontier in the Wild West of ERISA Litigation
Supreme Court weighs in on ERISA plans in personal injury cases It is often said that United States Supreme Court (“SCOTUS”) is the Super Bowl of law. But with all the glamor surrounding SCOTUS, we often forget that the Court also decides technical, arcane legal questions. Sometimes those decisions have
Would D-Insurance Solve Detroit’s Auto Insurance Crisis?
Michigan no-fault attorney Steve Sinas discussed consequences of D-Insurance plan on “Detroit Wants 2 Know.” Mayor Mike Duggan’s D-Insurance plan, an auto insurance system exclusively for Detroit residents, has yet to be approved by the Michigan Legislature (in the form of SB 288). While we have provided an overview of