The Michigan Court of Appeals has again denied auto insurance coverage to an individual who was injured while a passenger in a vehicle owned and operated by a family member, because the owner-operator’s no-fault policy included a “step-down” clause. The Court’s ruling is yet another setback for innocent family members
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
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?
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
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 In Estate of Swick v Farm Bureau Ins Co (unpublished opinion, 4/26/2016), Jack Swick was killed when the motorcycle
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
Medical Providers Need to Be Proactive When Seeking Payment through No-Fault Insurance
The Covenant Medical Center case shows that medical providers treating auto accident survivors under the No-Fault Act must protect their right to reimbursement. Last week, the Court of Appeals decision released its decision in the case of Covenant Medical Center v State Farm. The decision turned out to be a welcomed