Blog

The New Era of Medical Provider No-fault Litigation

September 12, 2017

So if you have not heard, the auto no-fault insurance law has changed in Michigan for medical providers. After nearly 40 years of permissible statutory action under the no-fault act, the Michigan Supreme Court abruptly changed the law...

Carbon Monoxide Exposure Inexcusable

April 03, 2017

The tragic news out of Niles, Michigan, this past weekend is both shocking and inexcusable. The children were exposed to over 800 parts per million of carbon monoxide, which exceeds the permissible 35 parts per million industry standard.&n...

2016-2017 No-Fault Year in Review

January 26, 2017

[From time-to-time, Smith & Johnson, Attorneys, P.C.'s law partner, L. Page Graves, has been a featured speaker at the joint State Bar of Michigan's and Institute of Continuing Legal Education's Upper Michigan Legal Institute whe...

Slip and Fall cases and the “Open and Obvious” defense

October 18, 2016

Over the last few years Michigan courts have gone out of their way to throw plaintiffs out of court. Even “Black Ice” which by its very nature can’t be seen, was looked at as “Open and Obvious” which allowed a court to d...

Call A Cab: Don't Drink & Drive

June 20, 2016

With summer tourism in full swing here in Northern Michigan, particularly with the upcoming Cherry Festival and 4th of July festivities in all our harbor towns and area inland lake communities, it is never too late or too redundant to advoc...

No-Fault Medical Provider Actions Now At Potential Risk

June 02, 2016

On May 27, 2016, the Michigan Supreme Court has effectively signaled a complete 180 from its stated opinion exactly one-year ago, despite no change in the Court's current composition of justices. Last May 28, 2015, the&n...

UBER & Michigan No-Fault Insurance Risks

May 25, 2016

Before getting into an "Uber" car in Michigan, or for that matter becoming an Uber driver in Michigan, it would be prudent to thoroughly investigate the idea before proceeding with either plan. There are several inherent insuranc...

Boat Owner's Duty & Liability To Passenger While Boarding

May 19, 2016

The Michigan Court of Appeals has just reaffirmed a boat owner's duty and resulting liability to his/her passengers while boarding. The case is Lenhoff v Rechter, an unpublished per curiam opinion (Docket No. , dated May 12, 2016)...

Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

May 12, 2016

The Michigan Court of Appeals issued a published decision affirming the basic rule that an injured claimant's generic notice of injury constitutes sufficient notice to a liable no-fault insurer. The case is Dillon v State Farm Mut Auto...

Remodeling Your Residence: The Potential Impact to Your Property Tax Assessment

May 04, 2016

Under the General Property Tax Act, an assessor cannot increase the true cash value as a result of expenditures for “normal repairs, replacement, and maintenance” in determining the true cash value of property for assessment purposes unti...

Medical Service Providers' Coordination of Primary Health v. No-fault Coverages

May 03, 2016

Medical service providers must carefully adhere to the procedures and administrative guidelines set forth in participating provider agreements with primary health insurers. Failure to do so will prove fatal to any secondary no-fault claim. ...

No-fault PIP Benefit Claim Enforceable Without Written Notice of Claim Having Been Filed

April 25, 2016

Jesperson v Auto Club Ins Ass’n, ___ Mich ___ (2016)(Docket No. 150332, dated March 21, 2016). In Jesperson, the injured person never submitted to the liable no-fault insurer, written notice of his no-fault PIP claim. Notwiths...

A Person Who Is Injured While Occupying An Uninsured Vehicle That Is Not Operable May Recover No-Fault PIP Benefits

April 07, 2016

The Michigan Court of Appeals recently published a case that holds that a person who is injured while occupying an uninsured vehicle that is not operable may recover no-fault PIP benefits. The case is Shinn v State of Michig...

Your No-Fault Rights and What You Must Do to Protect Them

February 18, 2016

By L. Page Graves, Smith & Johnson, Attorneys, P.C.IntroductionThis brochure provides you a general understanding of your rights under the Michigan No-Fault Insurance Law. It also provides you helpful suggestions to protect your potential be...

Chiropractic Care Reimbursement Restricted by No-Fault Act

February 17, 2016

On February 9, 2016, the Michigan Court of Appeals issued a Published Opinion that restricts certain reimbursements for chiropractic care under the no-fault act. The case is Measel v Auto Club Ins Co. The basic facts are that Ms. Measal w...

Increasing The Speed Limit Raises Safety Questions for Michigan Motorists

February 04, 2016

The Michigan Legislature is, again, debating a proposal to raise the speed limits for state and county roadways. The package of bills (HB 4423 thru 4427) have been passed by the House Transportation Committee (Chaired by Re...

Drunk Snowmobiling Can Be Fatal

January 20, 2016

Winter has finally arrived with piles of fresh powder. And for snowmobilers across the State of Michigan, the trails of northern Michigan are increasingly becoming more populated. In Michigan, it is illegal to operate ...

Winter Road Conditions Mandate Slowing Down

January 08, 2016

It may seem obvious. It may seem an unnecessary public service caution to express. Especially for us northern Michiganders. But for whatever the reason, once winter returns the local news is ripe with car crashes occurring in our ar...

Highway Liability Back Before The Michigan Supreme Court

December 16, 2015

Smith & Johnson's partner, L. Page Graves, argued a case of first impression regarding liability against the MDOT for failing to maintain parallel parking spaces in reasonable repair for the safety of pedestrians exiting their motor vehicle, ...

Skiing/Snowboarding Helmets Increase Safety

December 02, 2015

Several ski resorts in Northern Michigan have already opened and several more have announced their season will begin this weekend. With that in mind, it is time to re-check and make sure your and your child's ski or snowboard...