Michigan Supreme Court: PIP claim not barred by statute of limitations In a ruling that is a victory for accident victims and their medical providers, the Michigan Supreme Court has held that an insurer wrongly denied PIP benefits to an injured claimant because the bill and treatment records the medical
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?
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
Michigan Supreme Court Affirms Mind-Body Connection
Holding that personal injury claims may also include emotional and psychological damages means is also significant in the Michigan no-fault context. Find out why. With summer almost here, the holidays seem like a long time ago; but late last December, while most of us were buying presents, the Michigan Supreme
Be Wary of Those Calling for No-Fault “Reform”
Often, those no-fault “reforms” will do more harm than good for those who could benefit from no-fault the most: each and everyone one of us. While another week has gone by without any legislative action on Michigan no-fault reform, specifically SB 248, a version of which is now stalled on
MCCA Vehicle Assessment Drops for Upcoming Fiscal Year
While the MCCA assessment as decreased, we should not be distracted from the broader issue – transparency. If you have not heard by now, starting July 1, 2015, the per-vehicle assessment made by the Michigan Catastrophic Claims Association (MCCA) will drop from $186 to $150, a $36 difference. The MCCA determines
Protect Your Family: Beware of the “Step-Down” Auto Insurance Clause
The family “step-down” provision reduces liability coverage to $20,000, regardless of the circumstances. All of us want nothing but the best for our families. Part of taking care of our families means obtaining adequate amounts of auto insurance to protect them from disaster. And there is perhaps no greater disaster
Are Parallel Parking Spaces Designed for Vehicular Travel?
Last month, the Michigan Supreme Court heard oral argument in Yono v Department of Transportation concerning this very issue. Plaintiff had suffered injury while walking back to her car, which was parallel parked along M-22 in Suttons Bay, Michigan. Plaintiff filed suit against the Michigan Department of Transportation (MDOT), alleging
Entitlement to No-Fault PIP Benefits Might be Trickier than You Think
If you are injured in a car accident in Michigan, in order to receive coverage under our Michigan No-Fault Insurance Act, the injury must “aris[e] out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle . . . .” Stated another way, to receive no-fault