Entries by Tim Smith

Medical Provider No-Fault Rights Strengthened Again

Since last week’s blog post, the Michigan Court of Appeals issued yet another published decision strengthening a medical provider’s independent standing to pursue no-fault benefits.  The case is Chiropractors Rehabilitation Group v State Farm Mut Ins Co, found here.   As has been the insurance industry’s repeated attack, State Farm challenged the standing of a medical provider […]

Medical Provider Rights Strengthened In Michigan’s No-Fault Law

The Michigan Court of Appeals has strengthened medical service providers’ rights under the Michigan No-Fault Act.  On October 22, 2015, the court published a recent decision which upheld Covenant Medical Center’s claim against State Farm.  Specifically, Covenant had notified State Farm of its billings and its claim for payment.  Unbeknownst to Covenant, State Farm then […]

National Teen Driver Safety Week

This week, the National Highway Traffic Safety Administration reminds us all about our role as parents, guardians and mentors of our teenage drivers.  Tragically, according to the NHTSA, motor vehicle crashes are the leading causes of death for 14-18 year olds in the United States.  The NHTSA has published a helpful “5 to Drive” set of […]

National Fire Prevention Week

Obviously, fire safety in the home is common sense and not to be ignored.  But with the daily hustle of work and family schedules, it is easy to let slide the routine chore of double-checking your household fire alarms (replace with fresh batteries) and fire extinguisher (making sure it is not expired).  And that is why the American Red […]

Volkswagen’s Alleged Deceptive Trade Practices

The Michigan Consumer Protection Act (MCPA), is a statutory cause of action for conduct constituting unfair, unconscionable, or deceptive trade practices. MCL 445.901, et seq.   Under the MCPA, a deceptive trade practice is defined to include “(c) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have […]

Roundabouts on M-72 (Traverse City, Michigan)

With the growth and development progressing from Acme, east toward Kalkaska, the MDOT has elected to redesign M-72 to include roundabouts.  While MDOT proclaims roundabouts will decrease accidents and improve safety, a closer reading of its own exhaustive study reveals that the facts are not necessarily conclusive.  In fact, to quote directly from its study, […]

Radical Change to Michigan No-fault Law

There has been a radical change to Michigan’s No-fault Law.  The radical change was announced in the recent decision published by the Michigan Court of Appeals, on September 10, 2015. The radical case is Perkovic v Zurich American Insurance Company, __ Mich App __ (2015).  Since the no-fault act was enacted back in 1973, it […]

Hunting Safety

With those cool, damp mornings now upon us,  many hunters up here in Northern Michigan are preparing for the fall hunting season.  In fact, it has already begun with early season Goose hunting.  Regardless of your experience, annually reviewing hunter safety tips is a prudent practice.  For youth or first-time hunters, a hunter’s safety program is offered […]

The Posted Speed Is Not Necessarily The Safe & Prudent Speed

It is striking to both see first-hand and then also hear a witness defensively testify that he was “driving the posted speed limit”, albeit in poor weather conditions, poor light (e.g., nighttime driving) or even around a curve on a road.  The basic speed law is one that governs speed for the conditions present; the posted speed […]

Driving Too Fast for Conditions

The posted speed limit applies to perfect driving conditions (e.g., lighting, weather and traffic flow).  It is the maximum speed allowed in that perfect driving context.  When less than optimum conditions are present (e.g., reduced light/vision, wet roads or congested traffic), the basic speed law requires that you reduce your speed so that you can safely stop […]