Michigan Court of Appeals

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Appeals Court Upholds “Step-Down” Clause, Denies Insurance Benefits To Injured Family Member

Appeals Court Upholds “Step-Down” Clause, Denies Insurance Benefits To Injured Family Member

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 who, after being injured in a […]

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Posted in: Auto Negligence, Auto No-Fault Insurance, Michigan Auto Law, Michigan Court of Appeals, No-Fault Benefits, Step-Down Auto Insurance Clauses

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 “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 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 sufficient that the car accident […]

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

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